5AIF SYCAMORE 2, LLC v. 201 EB DEV. III

Index No. 850190/21, Appeal No. 1489, Case No. 2023-00472.

2024 NY Slip Op 00257

5AIF SYCAMORE 2, LLC, Plaintiff-Appellant, v. 201 EB DEVELOPMENT III ET AL., Defendants-Respondents, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE ET AL., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 23, 2024.


Attorney(s) appearing for the Case

Vallely Law PLLC, Syosset ( Erick R. Vallely of counsel), for appellant.

Rosenberg & Estis, P.C., New York ( Jake W. Bedor of counsel), for respondents.

Before: Oing, J.P., Gesmer, Scarpulla, Rodriguez, Michael, JJ.


Order, Supreme Court, New York County (Francis A. Kahn, J.), entered December 23, 2022, which denied plaintiff's motion for summary judgment and for an order of reference and denied dismissal of defendants' second affirmative defense, based on the failure to establish standing, unanimously affirmed, with costs.

Plaintiff failed to demonstrate, as a matter of law, that it had standing to foreclose (JPMorgan Chase Bank, N.A. v Caliguri, 36 N.Y.3d 953, 954...

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