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BANK OF N.Y. MELLON TRUST CO., N.A. v. UNIVERSAL DEV., LLC

2015-01216, Index No. 705459/13.

136 A.D.3d 850 (2016)

25 N.Y.S.3d 327

2016 NY Slip Op 01142

BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Formerly Known as THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor-in-Interest to JPMORGAN CHASE BANK, N.A., FOR NOMURA ASSET ACCEPTANCE CORPORATION, ALTERNATIVE LOAN TRUST, SERIES 2004-AP1, et al., Respondents, v. UNIVERSAL DEVELOPMENT, LLC, et al., Defendants, and BRYAN HEMMINGS et al., Appellants.

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

Decided February 17, 2016.

In an action pursuant to RPAPL article 15 to quiet title to real property and for declaratory relief, the defendants Bryan Hemmings and Violette Patrick appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Nahman, J.), dated November 26, 2014, as denied their cross motion pursuant to CPLR 3211 (a) to dismiss the amended complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from...

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