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COLLINS v. BANK OF N.Y. MELLON

2021-04649, Index No. 58634/19.

2024 NY Slip Op 02796

STEPHEN COLLINS, ET AL., Appellants, v. BANK OF NEW YORK MELLON, ETC., Respondent.

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

Decided May 22, 2024.

Attorney(s) appearing for the Case

Clair Gjertsen & Weathers, PLLC, White Plains, NY ( Erin K. Flynn , of counsel), for appellants.

McCalla Raymer Leibert Pierce, New York, NY ( Brian P. Scibetta and Adam Weiss of counsel), for respondent.

Before: Francesca E. Connolly, J.P., Joseph J. Maltese, William G. Ford, Laurence L. Love, JJ.

DECISION & ORDER

In an action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the plaintiffs appeal from an order of the Supreme Court, Westchester County (Linda S. Jamieson, J.), dated June 11, 2021. The order granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint and denied the plaintiffs' cross-motion for summary judgment on the complaint.

ORDERED that the order is reversed, on the law, with costs...

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