Opinion
2019–03371 2019–08043 Index No. 510903/16
02-17-2021
FEDERAL NATIONAL MORTGAGE ASSOCIATION, etc., appellant, v. Goldy KLETZKY, respondent, et al., defendants.
McCarter & English, LLP, New York, N.Y. (Adam M. Swanson, David S. Mordkoff, and Phillip S. Pavlick of counsel), for appellant. Law Office of Samuel Katz, PLLC, Brooklyn, N.Y. (Joseph J. Schwartz of counsel), for respondent.
McCarter & English, LLP, New York, N.Y. (Adam M. Swanson, David S. Mordkoff, and Phillip S. Pavlick of counsel), for appellant.
Law Office of Samuel Katz, PLLC, Brooklyn, N.Y. (Joseph J. Schwartz of counsel), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, BETSY BARROS, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Kings County (Noach Dear, J.), dated July 23, 2018, and (2) an order of the same court dated May 8, 2019. The order dated July 23, 2018, denied the plaintiff's motion for summary judgment on the complaint and granted the cross motion of the defendant Goldy Kletzky pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against her as time-barred. The order dated May 8, 2019, insofar as appealed from, in effect, upon reargument and renewal, adhered to the determination in the order dated July 23, 2018.
ORDERED that the appeal from the order dated July 23, 2018, is dismissed, as that order was superseded by the order dated May 8, 2019, made upon reargument and renewal; and it is further,
ORDERED that the order dated May 8, 2019, is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to the respondent.
The order dated May 8, 2019, is affirmed for reasons stated in Carmike Holding I, LLC v. Smith, 180 A.D.3d 744, 747–748, 120 N.Y.S.3d 141, Bank of N.Y. Mellon v. Bissessar, 172 A.D.3d 983, 985, 100 N.Y.S.3d 341, and U.S. Bank N.A. v. Martin, 144 A.D.3d 891, 892, 41 N.Y.S.3d 550.
DILLON, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.