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ASPEN PROPS. GROUP, LLC v. PRESTON

2020-01238, 2020-01239. Index No. 600527/19.

219 A.D.3d 1475 (2023)

196 N.Y.S.3d 762

2023 NY Slip Op 04745

Aspen Properties Group, LLC, as Trustee of APG Holdings Revocable Trust, Respondent, v. Gregory R. Preston, as Administrator of the Estate of Elsa Preston, Also Known as Elsa Rodriguez Preston, Deceased, Appellant, et al., Defendants.

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

Decided September 27, 2023.

Attorney(s) appearing for the Case

Preston & Wilkins, Levittown, NY (Gregory R. Preston pro se of counsel), for appellant.

The Margolin & Weinreb Law Group, LLP, Syosset, NY (Seth D. Weinberg and Owen Robinson of counsel), for respondent.

Dillon, J.P., Miller, Dowling and Wan, JJ., concur.

In an action to foreclose a mortgage, the appeal is from two orders of the Supreme Court, Nassau County (Thomas A. Adams, J.), both dated November 8, 2019. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against Elsa Rodriguez Preston, to strike her answer, and for an order of reference, and denied the cross-motion of Elsa Rodriguez Preston pursuant to CPLR 3211...

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