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FIELDPOINT PRIVATE BANK & TRUST v. 78 REALTY HOLDINGS, LLC

2022-06318, Index No. 508993/19.

2024 NY Slip Op 02522

FIELDPOINT PRIVATE BANK & TRUST, Appellant, v. 78 REALTY HOLDINGS, LLC, Respondent, ET AL., Defendants.

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

Decided May 8, 2024.

Attorney(s) appearing for the Case

Berlandi Nussbaum & Reitzas LLP, New York, NY ( John P. O'Brien of counsel), for appellant.

Craig Stuart Lanza, PLLC, Brooklyn, NY, for respondent.

Before: Angela G. Iannacci, J.P., Robert J. Miller, Lillian Wan, Carl J. Landicino, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated July 11, 2022. The order granted the motion of the defendant 78 Realty Holdings, LLC, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it for failure to comply with RPAPL 1301 and denied the plaintiff's cross-motion, inter alia, for summary judgment on the complaint.

ORDERED...

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