Schantz v. O'Sullivan

Appeal from an order of the Supreme Court (Teresi, J.), entered December 30, 2003 in Albany County, which granted defendant Jean F. O’Sullivan’s motion to dismiss the complaint.

The underlying facts of this matter are fully set forth in our three prior decisions involving this action (11 AD3d 22 [2004], lv dismissed 3 NY3d 767 [2004]; 302 AD2d 793 [2003]; 288 AD2d 536 [2001]). During the pendency of the last appeal, defendant Jean F. O’Sullivan obtained Supreme Court orders vacating the judgment of foreclosure and sale, and dismissing the complaint. Supreme Court evidently relied on its prior…