Mizrahi v. US Bank, National Ass'n
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action pursuant to RPAPL 1501 (4) to cancel and discharge a mortgage, the defendant US Bank, National Association, appeals from an order of the Supreme Court, Kings County (Rothenberg, J.), dated May 28, 2015, which denied its motion pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against it or, in the alternative, pursuant to CPLR 2201 to stay all proceedings in the action pending resolution of its appeal in the related foreclosure action.
Ordered that the order is reversed, on the law, with costs, that branch of the appellant’s motion which was pursuant to CPLR…
2Cases cited7 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Goshen v. Mutual Life InsuranceNew York Court of Appeals · 2002
- Lehman Bros. v. Hughes Hubbard & Reed, L. L. P.New York Court of Appeals · 1998
- Constructamax, Inc. v. WeberAppellate Division of the Supreme Court of the State of New York · 2013
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