Legal Opinion

JPMC Specialty Mortgage LLC v. Espada

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

Decided October 25, 2016No. 2023 380797/12PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 23, 2015, which denied the proposed interve-nors’ motion to dismiss the complaint or, in the alternative, to vacate their default and grant leave to answer, unanimously affirmed, without costs.

The proposed intervenors lack standing to raise the improper service defense on behalf of the mortgagor (see Wells Fargo Bank, N.A. v Bowie, 89 AD3d 931 [2d Dept 2011]). In any event, the defense is unavailing in light of the affidavits of service (see Matter of de Sanchez, 57 AD3d 452, 454 [1st Dept 2008]).

The limited power of…

2Cases cited2 opinions

  1. In re de SanchezAppellate Division of the Supreme Court of the State of New York · 2008
  2. Amalgamated Bank v. Helmsley-Spear, Inc.New York Court of Appeals · 2015

3Cited by2 opinions

  1. Barone v. BaroneNew York Supreme Court · 2016
  2. US Bank N.A. v. TabibniaAppellate Division of the Supreme Court of the State of New York · 2024

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