Cassara v. Wynn

Appeal from a judgment of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered October 15, 2007 in a mortgage foreclosure action. The judgment, upon an order granting plaintiff’s motion for summary judgment, awarded plaintiff the sum of $81,925.95 against defendant.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the motion is denied and the answer is reinstated.

Memorandum: Flaintiff commenced this action seeking to foreclose on a mortgage given by defendant, which had been assigned to her by the mortgagee. We agree with…