Bank of New York Mellon v. Swain

WEISS, K, Associate Judge.

Bank of New York Mellon (“the Bank”) appeals from an order granting a “motion to adjudicate finality” that purported to enter final summary judgment of foreclosure in favor of Joseph and Victoria Swain (“the Swains”). This order followed a written order issued several months earlier, which granted summary judgment in the Swains’ favor and dismissed the case without prejudice to the Bank filing a new lawsuit. 1 The Swains have filed á motion to dismiss the appeal, arguing that the Bank’s appeal is untimely because the initial summary-judgmént order was a final,…