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SOUTHWELL v. MIDDLETON

2008-01032.

67 A.D.3d 666 (2009)

890 N.Y.S.2d 57

2009 NY Slip Op 08001

LEROY SOUTHWELL, Appellant-Respondent, v. REGINALD MIDDLETON et al., Respondents-Appellants, and WASHINGTON MUTUAL BANK, F.A., Now Known as JPMORGAN CHASE BANK, N.A., Respondent.

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

Decided November 4, 2009.

Ordered that the cross appeal by the defendant Emigrant Savings Bank is dismissed, without costs or disbursements, for failure to perfect the same in accordance with the rules of this Court (see 22 NYCRR 670.8 [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from by the plaintiff and cross-appealed from by the defendants Reginald Middleton and Lefferts Place, LLC, without costs or disbursements.

For several years, the...

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