BANK OF N.Y. MELLON v. ADAM P10tch, LLC

Index No. 850163/14, Appeal No. 2046, Case No. 2023-06597.

2024 NY Slip Op 02006

THE BANK OF NEW YORK MELLON, FORMERLY KNOWN AS THE BANK OF NEW YORK, ETC., Respondent, v. ADAM P10tch, LLC, Appellant, BOARD OF MANAGERS OF THE OCTAVIA CONDOMINIUM ET AL., Defendants.

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

Decided April 16, 2024.


Attorney(s) appearing for the Case

Rosenberg Fortuna & Laitman, LLP, Garden City ( Christopher Villanti of counsel), for appellant.

Akerman LLP, New York ( Aliza Malouf of counsel), for respondent.

Before: Moulton, J.P., Gesmer, González, Rodriguez, Michael, JJ.


Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered on or about November 28, 2023, which granted plaintiff's motion for an extension of time to conduct its foreclosure sale, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in granting plaintiff's motion pursuant to CPLR 2004 for an extension of time to conduct the foreclosure sale under RPAPL 1351(1) (see Bank of Am., N.A. v Cord, 214 A.D.3d...

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