Legal Opinion

U.S. Bank, National Ass'n v. Emmanuel

Appellate Division of the Supreme Court of the State of New York

Decided April 26, 2011PublishedCited by 88 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated May 11, 2010, as denied its ex parte motion pursuant to CPLR 314 and 315, inter alia, to direct service upon the defendant Arriana Emmanuel by publication and, sua sponte, directed the dismissal of the complaint with prejudice and cancelled the notice of pendency.

Ordered that on the Court’s own motion, the appeal from so much of the order as denied the plaintiffs ex parte motion is deemed an application pursuant to CPLR 5704 (a)…

2Cases cited6 opinions

  1. Wells Fargo Bank Minnesota, National Ass'n v. MastropaoloAppellate Division of the Supreme Court of the State of New York · 2007
  2. Rienzi v. RienziAppellate Division of the Supreme Court of the State of New York · 2005
  3. Contimortgage Corp. v. IslerAppellate Division of the Supreme Court of the State of New York · 2008
  4. State Street Bank & Trust Co. v. CoakleyAppellate Division of the Supreme Court of the State of New York · 2005
  5. HSBC Bank USA, N.A. v. ValentinAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by88 opinions

  1. U.S. Bank National Ass'n v. KimballSupreme Court of Vermont · 2011
  2. US BANK NAT. ASS'N v. KimballSupreme Court of Vermont · 2011
  3. HSBC Bank USA, N.A. v. TaherAppellate Division of the Supreme Court of the State of New York · 2013
  4. Onewest Bank, FSB v. FernandezAppellate Division of the Supreme Court of the State of New York · 2013
  5. Deutsche Bank National Trust Co. v. IslarAppellate Division of the Supreme Court of the State of New York · 2014

83 more not listed; retrieve them via the Exa API.

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