Legal Opinion

Indymac Federal Bank, FSB v. Batista

Appellate Division of the Supreme Court of the State of New York

Decided December 19, 2012Published

1Opinion of the Court

Contrary to the contention of the defendant Luisa Batista, the record does not reflect that the order appealed from was entered as the result of a settlement, which would require dismissal of the appeal (see CPLR 2104; Matter of Martinez v Martinez, 15 AD3d 663 [2005]). Since the order appealed from was not the result of a settlement, and the only basis for, inter alia, declaring the subject mortgage null and void was a colloquy between the Supreme Court and Batista, during which the plaintiff was not afforded the opportunity to present evidence and cross-examine Batista, the plaintiff was…

2Cases cited2 opinions

  1. Logan v. Zimmerman Brush Co.Supreme Court of the United States · 1982
  2. Martinez v. MartinezAppellate Division of the Supreme Court of the State of New York · 2005

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