Legal Opinion
Emigrant Mtge. Co., Inc. v. Carrera
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2015No. 2013-04017PublishedCited by 6 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendants Bertha Carrera, Miguel Rojas, and Bertha Rojas appeal from an order of the Supreme Court, Kings County (Vaughan, J.), dated January 30, 2013, which granted the plaintiffs motion, inter alia, pursuant to CPLR 3217 (b) to voluntarily discontinue the action without prejudice and denied their cross motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint insofar as asserted against them, with prejudice.
Ordered that the order is affirmed, with costs.
In November 2009, the plaintiff commenced this action to foreclose on a mortgage…
2Cases cited2 opinions
- Wells Fargo Bank, N.A. v. ChaplinAppellate Division of the Supreme Court of the State of New York · 2013
- Expedite Video Conferencing Services, Inc. v. BotelloAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by6 opinions
- Chase Home Fin., LLC v. SultonAppellate Division of the Supreme Court of the State of New York · 2020
- Emigrant Bank v. CarreraAppellate Division of the Supreme Court of the State of New York · 2022
- Federal Natl. Mtge. Assn. v. BiggsAppellate Division of the Supreme Court of the State of New York · 2019
- U.S. Bank Trust, N.A. v. HeaneyAppellate Division of the Supreme Court of the State of New York · 2025
- U.S. Bank Trust, N.A. v. HeaneyAppellate Division of the Supreme Court of the State of New York · 2025
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