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NYCTL 1998-2 TRUST v. OCEAN GATE ESTATES HOMEOWNERS ASSN.

2018-01581. Index No. 101384/11.

204 A.D.3d 933 (2022)

164 N.Y.S.3d 879

2022 NY Slip Op 02557

NYCTL 1998-2 Trust et al., Respondents, v. Ocean Gate Estates 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 April 20, 2022.

Attorney(s) appearing for the Case

Feuerstein Kulick, LLP, New York, NY (David Feuerstein and Daniel J. Brown of counsel), for intervenor-appellant.

Crawford Bringslid Vander Neut, LLP, Staten Island, NY (Allyn J. Crawford, Mara R. Levy, and Kerri Bringslid of counsel), for defendant-respondent.

Barros, J.P., Chambers, Wooten and Dowling, JJ., concur.

Ordered that the order is reversed, on the law, with one bill of costs payable by the plaintiffs-respondents and the defendant-respondent, the intervenor's motion to compel the transfer of the subject property to it is granted, and the cross motion of the defendant Ocean Gate Estates Homeowners Association, Inc., pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint is denied.

In 2013, the plaintiff obtained a judgment of foreclosure and sale upon the default...

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