Legal Opinion
Bank of New York v. Penalver
Appellate Division of the Supreme Court of the State of New York
Decided February 18, 2015No. 2014-00684PublishedCited by 16 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Joshua Nesbitt appeals from an order of the Supreme Court, Richmond County (Minardo, J.), dated October 17, 2013, which granted the plaintiffs motion, in effect, inter alia, pursuant to CPLR 3211 (a) (7) and CPLR 3211 (b) to dismiss his answer, affirmative defenses, and counterclaims.
Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the plaintiffs motion which were to dismiss the answer, and the first and third affirmative defenses, and substituting therefor a provision denying those…
2Cases cited4 opinions
- Vita v. New York Waste Services, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Ramanathan v. AharonAppellate Division of the Supreme Court of the State of New York · 2013
- Mazzei v. KyriacouAppellate Division of the Supreme Court of the State of New York · 2012
- Fireman's Fund Insurance v. FarrellAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by16 opinions
- LG Funding, LLC v. United Senior Props. of Olathe, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Wright v. State of N.Y.Appellate Division of the Supreme Court of the State of New York · 2021
- Rapid Capital Finance, LLC v. Natures Market Corp.New York Supreme Court · 2017
- Gonzalez v. Wingate at BeaconAppellate Division of the Supreme Court of the State of New York · 2016
- DeThomasis v. VivianoAppellate Division of the Supreme Court of the State of New York · 2017
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