Legal Opinion

Stewart Title Insurance Co. v. Bank of New York Mellon

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

Decided October 4, 2017No. 2015-04358Published

1Opinion of the Court

In an action pursuant to RPAPL 1501 (4) to cancel and discharge of record certain mortgages, the plaintiff appeals from an order of the Supreme Court, Queens County (Brathwaite Nelson, J.), entered March 10, 2015, which (1) denied its motion for leave to enter a default judgment against the defendants upon their failure to appear or answer the complaint, (2) granted those branches of the cross motion of the defendant Bank of New York Mellon, formerly known as Bank of New York, as trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2005-J11, Mortgage Pass-Through…

2Cases cited32 opinions

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
  3. Misicki v. CaradonnaNew York Court of Appeals · 2009
  4. EMC Mortgage Corp. v. PatellaAppellate Division of the Supreme Court of the State of New York · 2001
  5. Wells Fargo Bank, N.A. v. BurkeAppellate Division of the Supreme Court of the State of New York · 2012

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