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BELTWAY CAPITAL, LLC v. GUTIERREZ

2014-10269, Index No. 4447/08.

140 A.D.3d 998 (2016)

35 N.Y.S.3d 164

2016 NY Slip Op 04898

BELTWAY CAPITAL, LLC, Appellant, v. VIRGINIA GUTIERREZ et al., Defendants, and JAMES BIANCO et al., Intervenors-Respondents.

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

Decided June 22, 2016.

Ordered that the order is reversed, on the law, with costs, and the motion pursuant to CPLR 2001 is granted.

After a judgment of foreclosure and sale was entered on March 14, 2011, and the foreclosure sale held on June 7, 2011, the plaintiff moved pursuant to CPLR 2001 to correct the notice of pendency filed on March 7, 2008, the judgment of foreclosure and sale, and all other documents in the foreclosure action, nunc pro tunc, because the legal description of the...

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