Sloane v. Gape
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 a judgment of the Supreme Court, Suffolk County (Gerard, J.), entered January 29, 1991, for foreclosure and sale of the subject real property. The defendant’s notice of appeal from an order entered November 14, 1990, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).
Ordered that the judgment is affirmed, with costs.
In his motion for summary judgment, the plaintiff estab*550lished his case as a matter of law through the production of the mortgage and unpaid note. The defendant was then required to assert…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- LBV Properties v. Greenport Development Co.Appellate Division of the Supreme Court of the State of New York · 1992
- City of New York v. Grosfeld Realty Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Metropolitan Distribution Services, Inc. v. DiLascioAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by3 opinions
- Home Savings Bank v. Schorr Bros. Development Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Sloane v. GapeAppellate Division of the Supreme Court of the State of New York · 1995
- Green Point Savings Bank v. ThomasAppellate Division of the Supreme Court of the State of New York · 1996