Wells Fargo Bank, N.A. v. Burke
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for a judgment declaring that the plaintiff has an equitable mortgage upon certain real property, the defendants William P. Burke, Jr., and Susan C. Burke appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Brown, J.), entered June 2, 2015, as denied those branches of their motion which were pursuant to CPLR 3211 (a) (5) and (7) to dismiss the complaint insofar as asserted against them, and to cancel the notice of pendency dated December 2, 2014, filed against the subject property.
Ordered that the order is reversed insofar…
2Cases cited16 opinions
- Solnick v. WhalenNew York Court of Appeals · 1980
- Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
- Dillon v. U-A Columbia Cablevision of Westchester, Inc.New York Court of Appeals · 2003
- Pekarsky v. Commissioner of the New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1999
- Gimbel Bros. v. Brook Shopping Centers, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
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