Legal Opinion

Marra v. Lepore

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

Decided May 30, 2000Published

1Opinion of the Court

—In an action to foreclose a mortgage, the defendant Lina Bennardo appeals, as limited by her brief, from stated portions of an order of the Supreme Court, Kings County (Clemente, J.), dated October 27, 1998, which, in effect, inter alia, granted the plaintiffs’ motion for summary judgment on the complaint insofar as asserted against her.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly deemed the appellant’s affidavits to constitute her answer to the amended complaint (see, San-Dar Assocs. v Toro, 213 AD2d 233; see also, CPLR 320 [b]; Urena v…

2Cases cited5 opinions

  1. Colbert v. International Security Bureau, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
  2. Urena v. NYNEX, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  3. San-Dar Associates v. ToroAppellate Division of the Supreme Court of the State of New York · 1995
  4. Gutman v. SchreiberAppellate Division of the Supreme Court of the State of New York · 1916
  5. Gutman v. . LivingstonNew York Court of Appeals · 1919

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