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BANK OF N.Y. v. KARISTINA ENTERS., LLC

2019-10827. Index No. 605257/19.

209 A.D.3d 820 (2022)

177 N.Y.S.3d 91

2022 NY Slip Op 05828

Bank of New York, Appellant, v. Karistina Enterprises, LLC, et al., Respondents.

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

Decided October 19, 2022.

Attorney(s) appearing for the Case

Davidson Fink LLP, Rochester, NY (Richard N. Franco of counsel), for appellant.

Solomon & Siris, P.C., Garden City, NY (Bill Tsevis of counsel), for respondents.

Connolly, J.P., Rivera, Zayas and Ford, JJ., concur.

In an action for strict foreclosure pursuant to RPAPL 1352, the plaintiff appeals from an order of the Supreme Court, Nassau County (Julianne T. Capetola, J.), entered August 29, 2019. The order granted the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint, denied the plaintiff's cross motion pursuant to CPLR 3025(b) for leave to amend the complaint, and, sua sponte, vacated an order and judgment of foreclosure and sale (one paper) of the same court (Thomas...

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