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WATERFALL VICTORIA MASTER FUND, LTD. v. ESTATE OF CREESE

2020-01478. Index No. 512067/14.

217 A.D.3d 996 (2023)

192 N.Y.S.3d 180

2023 NY Slip Op 03497

Waterfall Victoria Master Fund, Ltd., Respondent, v. Estate of Dennis F. Creese, Also Known as Dennis Creese, Deceased, et al., Defendants. Lincoln Creese, as Administrator of the Estate of Dennis F. Creese, Deceased, Nonparty Appellant.

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

Decided June 28, 2023.

Attorney(s) appearing for the Case

Judy T. Campbell, Huntington, NY, for nonparty-appellant.

Stern & Eisenberg, P.C., LaGrangeville, NY (Arsenio Rodriguez of counsel), for respondent.

Barros, J.P., Brathwaite Nelson, Dowling and Warhit, JJ., concur.

In an action, inter alia, to foreclose a mortgage, Lincoln Creese, as administrator of the estate of Dennis F. Creese, appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated November 21, 2019. The order, insofar as appealed from, denied those branches of his motion which were to vacate an order and judgment of foreclosure and sale (one paper) of the same court dated May 4, 2018, and so much of an order of the same court dated September 18, 2017,...

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