Green Point Savings Bank v. Spivey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to foreclose a mortgage, the defendants appeal from a judgment of the Supreme Court, Queens County (Durante, J.), dated July 28, 1997, which, upon an order of the same court dated May 14, 1996, inter alia, granting the plaintiff’s motion for summary judgment, and upon a decision of the same court dated June 17, 1997, directed foreclosure and sale. The defendants’ notice of appeal from the decision dated June 17, 1997, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]).
Ordered that the judgment is affirmed, with costs.
The plaintiff bank made a prima…
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