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DEUTSCHE BANK NATL. TRUST CO. v. UNLIMITED ASSETS

2019-12877, 2019-12880. Index No. 704486/17.

211 A.D.3d 683 (2022)

2022 NY Slip Op 06907

Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust 2006-2, Respondent, v. Unlimited Assets, Appellant, et al., Defendants.

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

Decided December 7, 2022.

Attorney(s) appearing for the Case

Biolsi Law Group, P.C., New York, NY (Steven Alexander Biolsi of counsel), for appellant.

Shapiro, DiCaro & Barak, LLC, Rochester, NY (Ellis M. Oster of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Dowling, JJ., concur.

In an action to foreclose a mortgage, the defendant Unlimited Assets appeals from (1) an order of the Supreme Court, Queens County (Frederick D.R. Sampson, J.), dated March 8, 2018, and (2) an order of the same court entered October 3, 2019. The order dated March 8, 2018, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Unlimited Assets, in effect, to strike...

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