U.S. Bank, N.A. v. Russell-Esposito
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Queens County (Rios, J), dated October 15, 2008, which denied her motion, denominated as one for leave to renew and reargue, but which was, in actuality, one for leave to reargue her motion, inter alia, to enjoin the plaintiff from evicting her, which had been determined in an order dated May 9, 2008.
Ordered that the appeal is dismissed, without costs or disbursements.
The Supreme Court properly treated the defendant’s motion as one for leave to reargue, since the mortgagor failed to offer any new…
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