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REICH v. 559 ST. JOHNS PL, LLC

2020-06617. Index No. 506861/19.

204 A.D.3d 852 (2022)

164 N.Y.S.3d 517

2022 NY Slip Op 02445

Alexander Reich, Respondent, v. 559 St. Johns Pl, LLC, Appellant, et al., Defendants.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Chidi A. Eze (Abrams Fensterman, LLP, Brooklyn, NY [Andrea J. Caruso], of counsel), for appellant.

Joseph J. Haspel, Middletown, NY, for respondent.

Duffy, J.P., Chambers, Christopher and Zayas, JJ., concur.

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

In February 2015, the plaintiff commenced an action (hereinafter the prior action) against, among others, the defendant 559 St. Johns Pl, LLC (hereinafter the defendant), to foreclose a mortgage encumbering certain property owned by the defendant in Brooklyn. As is relevant to the appeal, the plaintiff alleged that the defendant failed to make any payments under the note and mortgage. The defendant...

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