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KEHOE v. HARVEST MOON BEACH HOUSE, LLC

2015-03860, Index No. 19909/11.

142 A.D.3d 1142 (2016)

38 N.Y.S.3d 69

JOHN P. KEHOE, Respondent, v. HARVEST MOON BEACH HOUSE, LLC, Appellant, et al., Defendant.

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

Decided September 28, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 2008 the plaintiff sold the subject property to the defendant Harvest Moon Beach House, LLC (hereinafter Harvest). In connection with the sale, Harvest gave the plaintiff a purchase money mortgage. In 2011 the plaintiff commenced this action to foreclose on the purchase money mortgage and filed a notice of pendency against the subject property. The defendants moved for summary judgment dismissing...

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