WEILL v. EAST SUNSET PARK REALTY, LLC

2011-09014.

101 A.D.3d 857 (2012)

957 N.Y.S.2d 138

2012 NY Slip Op 8512

MEYER WEILL et al., Plaintiffs, v. EAST SUNSET PARK REALTY, LLC, et al., Defendants, CITY OF NEW YORK et al., Respondents, and TITLEVEST AGENCY, INC., Appellant.

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

December 12, 2012.


Ordered that the order is affirmed, with costs.

In this mortgage foreclosure action, the plaintiffs claimed that their mortgage was superior in priority to the interests claimed by the defendants East Sunset Park Realty, LLC (hereinafter East Sunset), and Flushing Preferred Funding Corp. (hereinafter Flushing), with respect to certain real property in Brooklyn. East Sunset and Flushing moved pursuant to CPLR 3211 (a) (7...

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