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MORTGAGE STANLEY PRIVATE BANK, NATIONAL ASSOCIATION v. CECCARELLI

850018/17. Appeal No. 16627. Case No. 2021-04118.

210 A.D.3d 478 (2022)

178 N.Y.S.3d 28

2022 NY Slip Op 06324

Mortgage Stanley Private Bank, National Association, Respondent, v. Joseph J. Ceccarelli, III, Also Known as Joseph J. Ceccarelli, et al., Appellants, et al., Defendants.

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

Decided November 10, 2022.

Attorney(s) appearing for the Case

Ceccarelli Law Firm PLLC, New York (Joseph J. Ceccarelli of counsel), for appellants.

Logs Legal Group LLP, Rochester (Austin T. Shufelt of counsel), for respondent.

Concur—Renwick, J.P., Oing, Singh, Kennedy, Mendez, JJ.

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered April 29, 2021, which granted plaintiff's motion for a final judgment of foreclosure and sale, and denied defendants' cross motion for a stay of plaintiff's motion for final judgment and motion for summary judgment dismissing the complaint for lack of standing, unanimously affirmed, without costs.

While the motion court might have been bound by the doctrine of law of the case, the doctrine ...

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