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BAYVIEW LOAN SERVICING, LLC v. ZELYAKOVSKY

2019-03375, 2020-03318, 2020-03393. Index No. 502041/14.

202 A.D.3d 738 (2022)

2022 NY Slip Op 00840

Bayview Loan Servicing, LLC, Respondent, v. Gregory Zelyakovsky et al., Appellants, et al., Defendants. Noteworthy Foreclosure, LLC, Nonparty Respondent. (Appeal No. 1.). Noteworthy Foreclosure, LLC, Respondent, v. Gregory Zelyakovsky et al., Appellants, et al., Defendants. (Appeal Nos. 2 & 3.).

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

Decided February 9, 2022.

Attorney(s) appearing for the Case

McCalla Raymer Leibert Pierce, LLC, New York, NY (Daniel S. LoPresti of counsel), for appellant.

Petroff Amshen LLP, Brooklyn, NY (Serge F. Petroff, James Tierney, and Steven Amshen of counsel), for respondent.

Berg & David, PLLC, Brooklyn, NY (Abraham David and Yehuda C. Morgenstern of counsel), for appellants.

Marc Wohlgemuth & Associates, P.C., Monsey, NY (Jeremy M. Doberman of counsel), for plaintiff-respondent and nonparty-respondent in Appeal No. 1 and respondent in Appeal Nos. 2 and 3.

Barros, J.P., Chambers, Zayas and Genovesi, JJ., concur.

Motion by Noteworthy Foreclosure, LLC, inter alia, to dismiss the appeal from the order dated January 16, 2019, on the ground that the right of direct appeal therefrom terminated upon the entry of the order and judgment of foreclosure and sale in the action. By decision and order on motion of this Court dated June 22, 2020, that branch of the motion which is to dismiss the appeal from the order dated January 16, 2019, was held in abeyance and referred to the panel of Justices...

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