Deutsche Bank Trust Co. v. Stathakis
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The plaintiff, Deutsche Bank Trust Co., Americas (hereinafter Deutsche Bank), obtained a judgment of foreclosure and sale against the appellant upon his default. Upon proof that the mortgage and the underlying debt were assigned to nonparty Koren Dafni, the Supreme Court providently exercised its discretion in granting that branch of Dafni’s motion which was to amend the caption to substitute her for Deutsche Bank (see CFLR 3025 [b]; Maspeth Fed. Sav. & Loan Assn. v Simon-Erdan, 67 AD3d 750, 751 [2009]).
Further, the Supreme Court providently exercised its discre*984tion in granting that branch of…
2Cases cited10 opinions
- Cohen v. KrantzAppellate Division of the Supreme Court of the State of New York · 1996
- Dayan v. YorkAppellate Division of the Supreme Court of the State of New York · 2008
- McGee v. DunnAppellate Division of the Supreme Court of the State of New York · 2010
- Maspeth Federal Savings & Loan Ass'n v. Simon-ErdanAppellate Division of the Supreme Court of the State of New York · 2009
- New York Community Bank v. VermontyAppellate Division of the Supreme Court of the State of New York · 2009
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Citibank, N.A. v. Van Brunt Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Brighton BK, LLC v. KurbatskyAppellate Division of the Supreme Court of the State of New York · 2015
- Citi Mortgage, Inc. v. BaserAppellate Division of the Supreme Court of the State of New York · 2016
- Norwest Bank Minnesota, NA v. E.M.V Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Onewest Bank, FSB Ex Rel. Indy-Mac Bank, FSB v. MichelAppellate Division of the Supreme Court of the State of New York · 2016
33 more not listed; retrieve them via the Exa API.