Better Homes Depot, Inc. v. Kraut

—In an action, inter alia, to modify a judgment of foreclosure and sale entered November 17, 1998, in an action entitled Avco Mtge. Servs., Inc. v Radiance W. Morter, 56 Fairview Realty Corp., pending in the Supreme Court, Westchester County, under Index No. 98-04647, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered March 9, 2000, which granted the cross motion of the defendant Avco Mortgage Services, Inc., pursuant to CPLR 3211, to dismiss the complaint insofar as asserted against it, and denied, as academic, its motion, inter alia, for…