Legal Opinion

IndyMac Bank, F.S.B. v. Yano-Horoski

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 2010PublishedCited by 38 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Spinner, J.), dated December 1, 2009, which, inter alia, vacated a judgment of foreclosure and sale of the same court (McNulty, J.), dated January 12, 2009, cancelled the note and mortgage, and directed the Suffolk County Clerk to cancel the notice of pendency. By decision and order on motion of this Court dated January 14, 2010, enforcement of the judgment dated January 12, 2009, was stayed pending the hearing and determination of the appeal.

Ordered that the judgment dated…

2Cases cited5 opinions

  1. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
  2. Tewari v. TsoutsourasNew York Court of Appeals · 1989
  3. Harner v. County of TiogaNew York Court of Appeals · 2005
  4. Barasch v. BaraschAppellate Division of the Supreme Court of the State of New York · 1990
  5. Levine v. Infidelity, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

3Cited by38 opinions

  1. U.S. Bank National Ass'n v. KimballSupreme Court of Vermont · 2011
  2. US BANK NAT. ASS'N v. KimballSupreme Court of Vermont · 2011
  3. Wells Fargo Bank, N.A. v. MeyersAppellate Division of the Supreme Court of the State of New York · 2013
  4. US Bank National Ass'n v. SarmientoAppellate Division of the Supreme Court of the State of New York · 2014
  5. Deutsche Bank National Trust v. BrumbaughSupreme Court of Oklahoma · 2012

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