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U.S. BANK N.A. v. KAHN PROP. OWNER, LLC

2019-05698, Index No. 609493/16.

206 A.D.3d 850 (2022)

168 N.Y.S.3d 349

2022 NY Slip Op 03921

U.S. Bank National Association, Respondent, v. Kahn Property Owner, LLC, et al., Appellants, et al., Defendants. (And a Third-Party Action.).

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

Decided June 15, 2022.

Attorney(s) appearing for the Case

Law Offices of Joshua L. Dratel, P.C., New York, NY (Pollack Pollack Isaac & DeCicco, LLP [Brian J. Isaac], of counsel), for appellants.

Venable LLP, New York, NY (Rishi Kapoor of counsel), for respondent.

Brathwaite Nelson, J.P., Iannacci, Wooten and Zayas, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the cause of action to foreclose the mortgage insofar as asserted against the defendants Kahn Property Owner, LLC, Gary Melius, Oheka Catering I, LLC, and Oheka Management, LLC, and for an order of reference are denied.

In June 2016, the plaintiff commenced this action, inter alia, to foreclose a mortgage...

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