Legal Opinion
Key Bank National Ass'n v. Stern
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2005PublishedCited by 9 opinions
1Opinion of the Court
*657In an action to foreclose a mortgage, the defendant Harry L. Stern appeals from an order of the Supreme Court, Rockland County, (Nelson, J.), dated May 27, 2003, which granted the plaintiffs motion to amend the notice of pendency, judgment of foreclosure and sale, and all other documents in the action, nunc pro tunc, to correct the legal description of the foreclosed property.
Ordered that the order is affirmed, with costs.
The Supreme Court properly disregarded the plaintiffs initial error in failing to serve upon the defendant all of the papers in support of its motion (see CPLR 2001). Once…
2Cases cited4 opinions
- Volpe v. CanfieldAppellate Division of the Supreme Court of the State of New York · 1997
- Clark v. StateAppellate Division of the Supreme Court of the State of New York · 2003
- Pacific Lime Inc. v. Lowenberg Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Kaufman v. LeveyNew York Supreme Court · 1931
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