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WILMINGTON TRUST, N.A. v. TEO

2019-06746, Index No. 520106/17.

2022 NY Slip Op 02308

WILMINGTON TRUST, NATIONAL ASSOCIATION, ETC., Appellant, v. WEI P. TEO, ET AL., Defendants, 70 CLERMONT AVE., LTD., Defendant-Respondent; NRTL TRUST 2016-LH1, Nonparty-Respondent.

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

Decided April 6, 2022.

Attorney(s) appearing for the Case

McCabe, Weisberg & Conway, LLC (McCalla Raymer Leibert Pierce, New York, NY [Charles Jeanfreau], of counsel), for appellant.

Butler, Fitzgerald, Fiveson & McCarthy, New York, NY (David K. Fiveson and Grail A. Moore of counsel), for nonparty-respondent.

Before: Mark C. Dillon, J.P., Colleen D. Duffy, Valerie Brathwaite Nelson, Sheri S. Roman, JJ.

In an action, inter alia, to cancel a satisfaction of mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Richard Velasquez, J.), dated April 1, 2019. The order granted the motion of NRTL Trust 2016-LH1, successor in interest to the defendant Lending Home Funding Corporation, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it on the grounds of lack of standing and as time-barred and, thereupon, in effect, granted...

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