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9TH ST., LLC v. DEUTSCHE BANK NATL. TRUST CO.

2019-11770, 2019-11771. Index No. 520901/16.

210 A.D.3d 613 (2022)

177 N.Y.S.3d 618

2022 NY Slip Op 06097

9th St., LLC, Respondent, v. Deutsche Bank National Trust Company, Appellant.

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

Decided November 2, 2022.

Attorney(s) appearing for the Case

Duane Morris LLP, New York, NY (Brett L. Messinger of counsel), for appellant.

Solomon Rosengarten, Brooklyn, NY, for respondent.

Barros, J.P., Zayas, Ford and Taylor, JJ., concur.

In an action pursuant to RPAPL 1501(4) to cancel and discharge of record a mortgage, the defendant appeals from (1) an order of the Supreme Court, Kings County (Peter P. Sweeney, J.), entered May 22, 2019, and (2) an order and judgment (one paper) of the same court dated July 15, 2019. The order denied the defendant's motion for summary judgment dismissing the complaint and granted the plaintiff's cross motion for summary judgment...

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