Legal Opinion

John T. Walsh Enterprises, LLC v. Jordan

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

Decided July 26, 2017No. 2016-05519PublishedCited by 5 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated April 14, 2016, which denied its unopposed motion for an order of reference, for leave to enter a default judgment against the defendants upon their failure to appear or answer the complaint, and to amend the caption, and, sua sponte, in effect, directed dismissal of the complaint.

Ordered that on the Court’s own motion, the notice of appeal from so much of the order as, sua sponte, in effect, directed dismissal of the complaint is deemed to be an application for…

2Cases cited15 opinions

  1. U.S. Bank, National Ass'n v. EmmanuelAppellate Division of the Supreme Court of the State of New York · 2011
  2. V.R.W., Inc. v. KleinNew York Court of Appeals · 1986
  3. Deutsche Bank National Trust Co. v. IslarAppellate Division of the Supreme Court of the State of New York · 2014
  4. Flagstar Bank, FSB v. JambelliAppellate Division of the Supreme Court of the State of New York · 2016
  5. Bank of America, N.A. v. AgarwalAppellate Division of the Supreme Court of the State of New York · 2017

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3Cited by5 opinions

  1. Household Fin. Realty Corp. of N.Y. v. Adeosun-AyegbusiAppellate Division of the Supreme Court of the State of New York · 2017
  2. Tri-State Loan Acquisitions III, LLC v. LitkowskiAppellate Division of the Supreme Court of the State of New York · 2019
  3. Bank of N.Y. v. PenalverAppellate Division of the Supreme Court of the State of New York · 2018
  4. Citimortgage, Inc. v. GillAppellate Division of the Supreme Court of the State of New York · 2018
  5. Green Tree Servicing, LLC v. FellerAppellate Division of the Supreme Court of the State of New York · 2018

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