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SHARESTATES INVESTMENTS, LLC v. HERCULES

2017-00912. Index No. 70745/15.

178 A.D.3d 1111 (2019)

112 N.Y.S.3d 551

2019 NY Slip Op 09314

Sharestates Investments, LLC, Respondent, v. Anyekache Hercules et al., Defendants. James Julius, Nonparty Appellant.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

DLA Piper LLP (US), Albany, NY (Jeffrey D. Kuhn of counsel), for nonparty-appellant.

Butler, Fitzgerald, Fiveson & McCarthy, A Professional Corporation, New York, NY (David K. Fiveson and Claudia G. Jaffe of counsel), for respondent.

Rivera, J.P., Austin, Leventhal and Iannacci, JJ., concur.

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

On November 24, 2015, Kurt Jones and Anyekache Hercules (hereinafter together the Jones defendants), as husband and wife, executed a mortgage on certain real property in Westchester County (hereinafter the Westchester property) in favor of James Julius. Thereafter, on December 18, 2015, Sharestates Investments, LLC (hereinafter the plaintiff), commenced this action against the Jones defendants...

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