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251 GOTHAM, LLC v. BANK OF NEW YORK MELLON

2021-01772. Index No. 606566/18.

208 A.D.3d 540 (2022)

173 N.Y.S.3d 566

2022 NY Slip Op 04887

251 Gotham, LLC, Respondent, v. Bank of New York Mellon, Defendant, and Deutsche Bank National Trust Company, Appellant.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Berkman, Henoch, Peterson, Peddy & Fenchel, P.C., Garden City, NY (Megan K. McNamara, Hillary Prada, and Rajdai Singh of counsel), for appellant.

Connolly, J.P., Roman, Christopher and Ford, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In May 2018, the plaintiff commenced this action pursuant to RPAPL 1501(4) to cancel and discharge of record two mortgages. The defendant Deutsche Bank National Trust Company (hereinafter Deutsche Bank) failed to appear or answer the complaint. On January 28, 2019, a judgment was entered in favor of the plaintiff and against the defendants. Subsequently, Deutsche Bank moved...

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