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DEUTSCHE BANK NATL. TRUST CO. v. WEINFELD

2022-01552, Index No. 523164/17.

2024 NY Slip Op 02299

DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., Appellant, v. TZIVIA WEINFELD, ET AL., Defendants, SHIA WEINFELD, ETC., ET AL., Respondents.

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

Decided May 1, 2024.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, LLC, New York, NY ( Daniel S. LoPresti of counsel), for appellant.

Alan J. Wohlberg , Brooklyn, NY, for respondents.

Before: Colleen D. Duffy, J.P., Robert J. Miller, William G. Ford, Laurence L. Love, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Robin K. Sheares, J.), dated February 7, 2022. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was for summary judgment on the causes of action for an equitable mortgage and equitable subrogation insofar as asserted against the defendants Shia Weinfeld and Ben Zion Eli Weinfeld, as trustees of...

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