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ARBOR REALTY FUNDING LLC v. EAST 51ST STREET DEVELOPMENT COMPANY, LLC

1515N.

67 A.D.3d 559 (2009)

890 N.Y.S.2d 14

2009 NY Slip Op 08497

ARBOR REALTY FUNDING LLC, Appellant, v. EAST 51ST STREET DEVELOPMENT COMPANY, LLC, et al., Defendants, and T.M.J. PLUMBING AND HEATING CORP. et al., Respondents.

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

Decided November 19, 2009.

Initially, we find that plaintiff's motion for clarification of the February 2, 2009 order was essentially a motion to reargue that was granted (CPLR 2221 [d] [2]).

Contrary to plaintiff's contention, the court did not require it to pursue the borrower for a money judgment on a guaranty in the middle of a foreclosure action. The court directed the special referee to hear and report whether plaintiff's notes and mortgages...

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