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STEWART TIT. INS. CO. v. ZALTSMAN

2021-03040, 2021-03041. Index No. 706523/21.

208 A.D.3d 916 (2022)

173 N.Y.S.3d 654

2022 NY Slip Op 05107

Stewart Title Insurance Company, Appellant, v. Boris Zaltsman et al., Defendants.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

Sherwood & Truitt Law Group, LLC, Garden City, NY (James P. Truitt III and Robyn M. Fearon of counsel), for appellant.

Dillon, J.P., Connolly, Roman and Maltese, JJ., concur.

Ordered that the order entered October 9, 2019, is reversed, on the law, without costs or disbursements, and the plaintiff's motion for leave to amend the complaint to substitute a cause of action to recover on a promissory note in lieu of the cause of action to foreclose the mortgage is granted; and it is further,

Ordered that the appeal from the order entered July 8, 2020, is dismissed, without costs or disbursements.

On April 19, 2000, the defendants Boris...

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