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BANK OF N.Y. MELLON v. JOSEPH

2020-01153 Index No. 512823/18.

216 A.D.3d 1132 (2023)

2023 NY Slip Op 02861

Bank of New York Mellon, Respondent, v. Pamela Joseph, Appellant, et al., Defendants.

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

Decided May 31, 2023.

Attorney(s) appearing for the Case

Heslop & Dominique, LLP, Brooklyn, NY (Garfield A. Heslop of counsel), for appellant.

Stim & Warmuth, Farmingville, NY (Glenn P. Warmuth of counsel), for respondent.

Barros, J.P., Maltese, Dowling and Voutsinas, JJ., concur.

In an action to foreclose a mortgage, the defendant Pamela Joseph appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated January 13, 2020. The order denied that defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against her, and, in effect, for summary judgment on her counterclaim pursuant to RPAPL 1501(4) to cancel and discharge of record the mortgage.

Ordered that the order is reversed, on the law,...

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