Brown v. Decaudin

In an action, inter alia, to rescind a deed and discharge a certain mortgage based on fraudulent inducement, the defendant Mortgage Electronics Registration Systems, Inc., as nominee for Ohio Savings Bank, appeals (1) from stated por tions of an order of the Supreme Court, Westchester County (Colabella, J.H.O.), dated July 30, 2013, which, inter alia, converted that branch of its motion which was to dismiss the complaint insofar as asserted against it pursuant to CPLR 3211 (a) (7) to a motion for summary judgment dismissing the complaint insofar as asserted against it, and converted the…