JP Morgan Chase Bank, N.A. v. Johnson

In an action, inter alia, for a judgment declaring that the plaintiff is the lawful holder of a consolidated mortgage on the subject property, the defendants William C. Johnson and Nancy C. Johnson appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County (Spinner, J.), dated July 17, 2012, which, in effect, converted their motion pursuant to CPLR 3211 (a) (3) to dismiss the complaint insofar as asserted against them into one for summary judgment dismissing the complaint insofar as asserted against them, and thereupon denied that motion, searched the record, and…