Itamari v. Dime Savings Bank of New York, Inc.

In an action to recover damages for wrongfully declaring a mortgage loan to be in default, the appeal is from so much of an order of the Supreme Court, Kings County (Jackson, J.), entered April 27, 2000, as granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the appeal from so much of the order as granted that branch of the cross motion which was for summary judgment dismissing the complaint insofar as asserted on behalf of the plaintiff Dvora Itamari is dismissed, and that portion of the order is vacated; and it is further,

Ordered that the order is…