Appellate Division of the Supreme Court of the State of New York September 10, 2014, 2012-11060 (Lebovits v. Bassman)

In an action, inter alia, to set aside a recorded mortgage on the ground of fraud and to recover damages for fraud and unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated August 29, 2012, which granted the motion of the defendant Sovereign Bank pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it.