Wilmington Sav. Fund Soc'y v. Estate of Nugent

Full title: WILMINGTON SAVINGS FUND SOCIETY FSB, DOING BUSINESS AS CHRISTIANA TRUST…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Mar 15, 2019

2019 N.Y. Slip Op. 1950 (N.Y. App. Div. 2019)

Opinion

351 CA 18-01255

03-15-2019

WILMINGTON SAVINGS FUND SOCIETY FSB, DOING BUSINESS AS CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS A TRUSTEE FOR BCAT 2014-4TT, PLAINTIFF-RESPONDENT, v. ESTATE OF PATRICIA NUGENT, ET AL., DEFENDANTS, AND DEANNA FERRY, DEFENDANT-APPELLANT.

RALPH A. HORTON, ROCHESTER, FOR DEFENDANT-APPELLANT. STIM & WARMUTH, P.C., FARMINGVILLE (GLENN P. WARMUTH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

WHALEN, P.J., SMITH, DEJOSEPH, NEMOYER, AND CURRAN, JJ.

PRESENT:

RALPH A. HORTON, ROCHESTER, FOR DEFENDANT-APPELLANT.

STIM & WARMUTH, P.C., FARMINGVILLE (GLENN P. WARMUTH OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Wyoming County (Michael F. Griffith, A.J.), dated May 31, 2017. The order, among other things, denied the motion of defendant Deanna Ferry to dismiss.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: March 15, 2019

Mark W. Bennett

Clerk of the Court