BANK OF N.Y. MELLON v. GALES

2012-06443

116 A.D.3d 723 (2014)

982 N.Y.S.2d 911

2014 NY Slip Op 2402

BANK OF NEW YORK MELLON, Successor in Interest to JPMORGAN CHASE BANK, N.A., as Trustee for the Registered Holder of FIRST FRANKLIN MORTGAGE LOAN TRUST 2005-FF1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-FF1, Respondent, v. TRACI GALES et al., Appellants, et al, Defendants.

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

Decided April 9, 2014.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the plaintiff's motion for summary judgment on the complaint insofar as asserted against the defendants Traci Gales and Germaine Gales, and substituting therefor a provision denying the plaintiff's motion; as so modified, the order is affirmed, without costs or disbursements.

Contrary to the Supreme Court's determination, the plaintiff failed to demonstrate its prima facie entitlement...

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