IndyMac Bank F.S.B. v. Thompson

The Supreme Court’s advisory statement in the order appealed from, in which it indicated to the plaintiffs counsel that it would inform counsel of any further action it might take against counsel for violating rule 4.1 of the Rules of Professional Conduct, is not appealable as of right or by permission (see Weiss v Industrial Enters., 7 AD3d 518 [2004]).

Contrary to the Supreme Court’s determination, an original mortgagee can continue an action even though it assigned its interest in the mortgage and note to another entity during the pendency of an action, unless the court directs a…