First Union Mortgage Corp. v. Fern
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to foreclose a mortgage, the defendants Robert E. Fern and Ann B. Fern appeal from an order of the Supreme Court, Westchester County (Zambelli, J.), entered May 8, 2001, which, inter alia, granted that branch of the plaintiff’s motion which was for summary judgment, and, sua sponte, converted that branch of the motion which was to strike their answer to one for summary judgment dismissing the counterclaim, and dismissed the counterclaim.
Ordered that on the Court’s own motion, the notice of appeal from so much of the order as, sua sponte, converted that branch of the plaintiff’s…
2Cases cited12 opinions
- Mahopac National Bank v. BaisleyAppellate Division of the Supreme Court of the State of New York · 1997
- Marine Midland Bank, N.A. v. CaffertyAppellate Division of the Supreme Court of the State of New York · 1991
- Miller Planning Corp. v. WellsAppellate Division of the Supreme Court of the State of New York · 1998
- Ressis v. MactyeAppellate Division of the Supreme Court of the State of New York · 1983
- Connecticut National Bank v. Peach Lake PlazaAppellate Division of the Supreme Court of the State of New York · 1994
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Neighborhood Housing Services of New York City, Inc. v. MeltzerAppellate Division of the Supreme Court of the State of New York · 2009
- Mawson v. Historic Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Ocwen Federal Bank FSB v. MillerAppellate Division of the Supreme Court of the State of New York · 2005
- CSMC 2007-C1 OSWEGO ROAD, LLC v. KIMBROOK ROUTE 31, LLCAppellate Division of the Supreme Court of the State of New York · 2014
- City National Bank v. Foundry Development Group, LLCAppellate Division of the Supreme Court of the State of New York · 2015
3 more not listed; retrieve them via the Exa API.