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FULTON HOLDING GROUP, LLC v. LINDOFF

2017-08883. Index No. 504973/14.

165 A.D.3d 1045 (2018)

87 N.Y.S.3d 66

2018 NY Slip Op 07096

Fulton Holding Group, LLC, Respondent, v. Lindsay Lindoff et al., Defendants, and 1068 Fulton USA, LLC, Appellant. Fulton Holdings USA, LLC, Nonparty Appellant.

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

Decided October 24, 2018.

[165 A.D.3d 1046]
Ordered that the judgment of foreclosure and sale is reversed, on the law, those branches of the plaintiff's motions which were to confirm the Referee's report, for summary judgment on the amended complaint insofar as asserted against the defendant 1068 Fulton USA, LLC, for an order of reference, and to strike that defendant's answer, except for the affirmative defenses, are denied, the orders dated November 29, 2016, and August...

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