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AMK CAPITAL CORP. v. PLOTCH

Index No. 32374/17. Appeal No. 2271. Case No. 2023-06803.

230 A.D.3d 26 (2024)

214 N.Y.S.3d 10

2024 NY Slip Op 03324

AMK CAPITAL CORP., as Agent of Kapco Industries, Inc., Plaintiff, v. ADAM PLOTCH, as Record Owner by Referee's Deed, Appellant, and BOARD OF MANAGERS OF THE PARKCHESTER NORTH CONDOMINIUM, Respondent, et al., Defendants. MAGDY MIKHAIL et al., Nonparty Respondents.

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

Decided June 18, 2024.

Attorney(s) appearing for the Case

New York Litigation Group, PLLC, Rochester (Austin T. Shufelt of counsel), for appellant.

Herrick, Feinstein LLP, New York City (Meaghan Roe and Arthur G. Jakoby of counsel), for respondents.

GONZÁLEZ, KENNEDY and HIGGITT, JJ., concur.

OPINION OF THE COURT

APPEAL from an order of the Supreme Court, Bronx County (Fidel E. Gomez, J.), entered November 28, 2023. The order, insofar as appealed from as limited by the briefs, granted the motion of defendant Adam Plotch pursuant to CPLR 5015(a)(4) to vacate a judgment of foreclosure and sale to the extent of ordering...

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