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UNLIMITED ASSETS, INC. v. PENNYMAC CORP.

Index No. 31371/18. Appeal No. 890. Case No. 2022-03457.

220 A.D.3d 589 (2023)

197 N.Y.S.3d 58

2023 NY Slip Op 05385

Unlimited Assets, Inc., Appellant, v. PennyMac Corp. et al., Respondents, et al., Defendants.

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

Decided October 24, 2023.

Attorney(s) appearing for the Case

Fadullon Dizon Krul, LLP, Jericho (Nicholas Safran of counsel), for appellant.

Friedman Vartolo LLP, New York (Sean K. Monahan of counsel), for respondents.

Concur—Kern, J.P., Singh, Gesmer, Scarpulla, O'Neill Levy, JJ.

Order, Supreme Court, Bronx County (Marissa Soto, J.), entered on or about August 8, 2022, which granted defendants PennyMac Corp. and PennyMac Loan Services, LLC's motion to dismiss the complaint as against them, unanimously affirmed, with costs.

The court properly dismissed the complaint against defendants. The affidavit of Constantine Giannakos, Esq. failed to demonstrate that plaintiff's deed to the subject property was "entitled to be recorded" at the time the...

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