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BANK OF N.Y. MELLON v. MAROLDA

2014-04812, Index No. 16240/09.

139 A.D.3d 774 (2016)

33 N.Y.S.3d 280

2016 NY Slip Op 03692

BANK OF NEW YORK MELLON, Formerly Known as THE BANK OF NEW YORK, on Behalf of CIT MORTGAGE LOAN TRUST 2007-1, Respondent, v. CARMELLA MAROLDA et al., Defendants, CLAUDIS CAPITAL RESOURCES, LLC, Appellant, and MICHAEL FERRO et al., Intervenors-Respondents.

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

Decided May 11, 2016.

Ordered that the order dated March 28, 2014, is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendant Claudis Capital Resources, LLC, which was to vacate the judgment of foreclosure and sale, and substituting therefor a provision granting that branch of motion, and (2) by deleting the provision thereof granting that branch of the cross motion of the intervenors Michael Ferro, Dominique Ferro, and 13 Stewart Pl. Yonkers...

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