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75 ST. SERVICING LLC v. CLST ENTERS. LLC

Index No. 850001/21. Appeal No. 914. Case No. 2022-04757.

220 A.D.3d 590 (2023)

197 N.Y.S.3d 63

2023 NY Slip Op 05441

75 Street Servicing LLC, Respondent, v. CLST Enterprises LLC et al., Appellants, et al., Defendants.

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

Decided October 26, 2023.

Attorney(s) appearing for the Case

Law Office of Jason S. Matuskiewicz, Brooklyn (Law Office of Jason S. Matuskiewicz of counsel), for appellants.

Glenn Rodney, P.C., Wallkill (Glenn Rodney of counsel), for respondent.

Concur—Webber, J.P., Moulton, González, Kennedy, JJ.

Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered May 4, 2022, which granted plaintiff's motion for summary judgment on its foreclosure complaint and an order of reference, and dismissed defendants' affirmative defenses, unanimously affirmed, without costs.

Based on the nonwaiver provision of the note and mortgage, the acceptance of monthly payments by plaintiff's predecessor in interest, Sterling National Bank, following the July 1, 2019 maturity...

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