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WHITE OAK PROJECTS, LLC v. UPREAL WASH., LLC

2021-04154, Index No. 524175/18.

2024 NY Slip Op 00648

WHITE OAK PROJECTS, LLC, Respondent, v. UPREAL WASHINGTON, LLC, ET AL., Defendants; 658 WASHINGTON 123, LLC, Nonparty-Appellant.

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

Decided February 7, 2024.

Attorney(s) appearing for the Case

Altman Schochet LLP, New York, NY ( Irena Shternfeld , of counsel), for nonparty-appellant.

Seyfarth Shaw LLP, New York, NY ( Jerry A. Montag , of counsel), for respondent.

Before: Joseph J. Maltese, J.P., Linda Christopher, Paul Wooten, Laurence L. Love, JJ.

DECISION & ORDER

In an action to foreclose several mortgages, nonparty 658 Washington 123, LLC, appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated May 4, 2021. The order, insofar as appealed from, denied that branch of the motion of nonparty 658 Washington 123, LLC, which was to vacate a foreclosure sale of the subject property and direct the referee to return a down payment to that nonparty.

ORDERED that the order...

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