Appellate Division, Second Department: August 11, 2023

Handdown List released on:August 9, 2023

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

By Iannacci, J.P.; Miller, Dowling, Voutsinas, JJ.

U.S BANK NATIONAL ASSOCIATION, ETC., res, v. 22-33 BROOKHAVEN, INC., ET AL., app, ET AL., def — (Index No. 713060/15) Anthony J. LoPresti, Garden City, NY (Gail M. Blasie of counsel), for appellants. Hinshaw & Culberston LLP, New York, NY (Kyle B. Stefancyk of counsel), for respondent.In an action to foreclose a mortgage, the defendants 22-33 Brookhaven, Inc., Russell Carbone, Howard Sails, Daphne Brown, Barbara Blagrove, Clinton Blagrove, Dularie Ramlall, and Charram Ramlall appeal from (1) a decision of the Supreme Court, Queens County (Allen B. Weiss, J.), entered October 23, 2018, (2) an order of the same court entered September 3, 2019, and (3) an order of the same court entered July 27, 2020. The order entered September 3, 2019, insofar as appealed from, upon the decision, (1) denied the motion of the defendant Russell Carbone pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction, (2) granted those branches of the plaintiff’s cross-motion which were for summary judgment on the complaint insofar as asserted against the defendants 22-23 Brookhaven, Inc., Russell Carbone, Howard Sails, Daphne Brown, Barbara Blagrove, Clinton Blagrove, Dularie Ramlall, and Charram Ramlall, to strike those defendants’ answers and affirmative defenses, and for an order of reference, and (3) denied those branches of the cross-motion of the defendants Russell Carbone, Howard Sails, Daphne Brown, Barbara Blagrove, Clinton Blagrove, Dularie Ramlall, and Charram Ramlall which were to dismiss the complaint insofar as asserted against them. The order entered July 27, 2020, insofar as appealed from, upon reargument, adhered to the determination in the order entered September 3, 2019, denying the motion of the defendant Russell Carbone pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction.

Appellate Division, Second Department: August 11, 2023

Handdown List released on:August 9, 2023

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal