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NYCTL 1998-2 TRUST v. OCEAN GATE ESTATE HOMEOWNERS ASSOCIATION, INC.

2014-08067, Index No. 101384/11.

143 A.D.3d 683 (2016)

2016 NY Slip Op 06479

38 N.Y.S.3d 599

NYCTL 1998-2 TRUST et al., Respondents, v. OCEAN GATE ESTATE HOMEOWNERS ASSOCIATION, INC., Respondent, et al., Defendants. FULTON CAPITAL, SI, LLC, Intervenor-Appellant.

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

Decided October 5, 2016.

Ordered that the order dated June 27, 2014, is reversed, on the law, with costs, and the motion of the defendant Ocean Gate Estate Homeowners Association, Inc., pursuant to CPLR 317 and 5015 (a) to vacate the order of reference dated January 8, 2013, and the judgment of foreclosure and sale dated July 2, 2013, is denied.

The Supreme Court should have denied the motion of the defendant Ocean Gate Estate Homeowners Association, Inc. (hereinafter the defendant), pursuant...

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