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MIDLAND MORTGAGE COMPANY, res, v. MISBAH IMTIAZ, APPELLANT def

MIDLAND MORTGAGE COMPANY, res, v. MISBAH IMTIAZ, APPELLANT def — (INDEX NO. 2994/10)In an action, inter alia, for a judgment declaring that the plaintiff is the holder of a valid first mortgage lien on the subject property, the defendant Misbah Imtiaz appeals from an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated June 23, 2011, which denied her motion pursuant to CPLR 3211 to dismiss the complaint, inter alia, on the ground that the plaintiff lacks standing to maintain the action, granted the plaintiff's cross motion to substitute another entity as the plaintiff, and directed the Clerk of the County of Suffolk to accept and record a certified true copy of the mortgage.

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MIDLAND MORTGAGE COMPANY, res, v. MISBAH IMTIAZ, APPELLANT def — (INDEX NO. 2994/10)In an action, inter alia, for a judgment declaring that the plaintiff is the holder of a valid first mortgage lien on the subject property, the defendant Misbah Imtiaz appeals from an order of the Supreme Court, Suffolk County (Gazzillo, J.), dated June 23, 2011, which denied her motion pursuant to CPLR 3211 to dismiss the complaint, inter alia, on the ground that the plaintiff lacks standing to maintain the action, granted the plaintiff’s cross motion to substitute another entity as the plaintiff, and directed the Clerk of the County of Suffolk to accept and record a certified true copy of the mortgage.

ORDERED that the order is reversed, on the law, with costs, those branches of the motion of the defendant Misbah Imtiaz which were pursuant to CPLR 3211(a)(1) and (3) to dismiss the complaint on the ground that the plaintiff lacks standing to maintain the action are granted, and the plaintiff’s cross motion to substitute another entity as the plaintiff is denied.

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