Legal Opinion

National Mortgage Consultants v. Elizaitis

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

Decided November 28, 2005PublishedCited by 4 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the defendants Gunther U. Elizaitis and Linda M. Elizaitis appeal from an order of the Supreme Court, Suffolk County (Loughlin, J.), dated March 17, 2004, which, inter alia, sua sponte, vacated so much of a prior order of the same court (Kitson, J.), dated January 8, 1997, as determined that the plaintiff lacked standing, granted the plaintiff’s motion for summary judgment to the extent of dismissing the first three affirmative defenses, and denied their cross motion for summary judgment dismissing the complaint.

Ordered that on the Court’s own motion, so…

2Cases cited4 opinions

  1. Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1982
  2. Welch Foods, Inc. v. WilsonAppellate Division of the Supreme Court of the State of New York · 1999
  3. Federal National Mortgage Ass'n v. YoukelsoneAppellate Division of the Supreme Court of the State of New York · 2003
  4. Forte v. WeinerAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by4 opinions

  1. In Re Conde-DedonatoUnited States Bankruptcy Court, E.D. New York · 2008
  2. Feinberg v. Bank of New York Ex Rel. Certificate Holders CWABS, Inc. (In Re Feinberg)United States Bankruptcy Court, S.D. New York · 2010
  3. Emigrant Mtge. Co., Inc. v. LifshitzAppellate Division of the Supreme Court of the State of New York · 2016
  4. Webb v. Greater New York Automobile Dealers Ass'nAppellate Division of the Supreme Court of the State of New York · 2016

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