STEWART v. CHRISTIANA TRUST

2022-00527. Index No. 520631/18.

230 A.D.3d 1365 (2024)

219 N.Y.S.3d 357

2024 NY Slip Op 04585

Clarence Stewart et al., Appellants, v. Christiana Trust et al., Defendants, and Fay Servicing, LLC, Respondent.

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

Decided September 25, 2024.


Attorney(s) appearing for the Case

Felton & Associates, Brooklyn, NY (Regina Felton of counsel), for appellants.

Friedman Vartolo LLP, New York, NY (Quenten E. Gilliam of counsel), for respondent.

Connolly, J.P., Chambers, Genovesi and Love, JJ., concur.


In an action, inter alia, to recover damages for malicious prosecution, the plaintiffs appeal from an order of the Supreme Court, Kings County (Francois A. Rivera, J.), dated December 22, 2021. The order denied the plaintiffs' motion, inter alia, to vacate an order of the same court dated June 10, 2021, in effect, confirming the plaintiffs' stipulation to discontinue the action insofar as asserted against the defendant Fay Servicing, LLC.

Ordered that the order dated...

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