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PERELMUTER v. LRM BLDRS., LLC

2022-06368. Index No. 19532/06.

230 A.D.3d 1165 (2024)

219 N.Y.S.3d 343

2024 NY Slip Op 04404

Arkady Perelmuter, as Trustee of the Svoboda II EJV Trust, Respondent, v. LRM Builders, LLC, et al., Defendants. MI Buyer WB, LLC, Nonparty Appellant.

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

Decided September 11, 2024.

Attorney(s) appearing for the Case

Avi Rosengarten, Brooklyn, NY, for nonparty-appellant.

Adam E. Mikolay, P.C., Garden City, NY, for respondent.

Brathwaite Nelson, J.P., Maltese, Christopher and Love, JJ., concur.

In an action to foreclose a mortgage, nonparty MI Buyer WB, LLC, appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated May 25, 2022. The order, insofar as appealed from, granted the plaintiff's motion to direct the referee to release a down payment to the plaintiff and denied that branch of the cross-motion of nonparty MI Buyer WB, LLC, which was to direct the referee to return the down payment to it.

Ordered that the order is reversed...

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