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WINDWARD BORA, LLC v. PNC BANK, N.A.

2019-10508. Index No. 150715/19.

208 A.D.3d 615 (2022)

173 N.Y.S.3d 52

2022 NY Slip Op 04930

Windward Bora, LLC, Appellant, v. PNC Bank, National Association, Defendants, and PCN, LLC, Intervenor-Respondent.

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

Decided August 10, 2022.

Attorney(s) appearing for the Case

Hasbani & Light, P.C., New York, NY (Danielle P. Light and Seth D. Weinberg of counsel), for appellant.

Finkelstein Filler, LLP, Staten Island, NY (Edward R. Finkelstein of counsel), for intevenor-respondent.

Dillon, J.P., Brathwaite Nelson, Roman and Ford, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the motion of PCN, LLC, pursuant to CPLR 1012 and 1013 for leave to intervene in the action is denied.

On February 4, 2004, nonparty Divya Jain executed a home equity line of credit (hereinafter HELOC) agreement with nonparty National City Bank, secured by a mortgage on certain real property located in Staten Island (hereinafter the HELOC mortgage). The HELOC...

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