Bank of New York Mellon v. Whitty

Appellate Division of the Supreme Court of New York

Bank of New York Mellon v. Whitty

101 A.D.3d 1727, 955 N.Y.2d 905

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

DecidedDecember 28, 2012

StatusPublished

This text of 101 A.D.3d 1727 (Bank of New York Mellon v. Whitty) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bank of New York Mellon v. Whitty, 101 A.D.3d 1727, 955 N.Y.2d 905 (N.Y. Ct. App. 2012).

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Opinion

Memorandum: In this mortgage foreclosure action, Jean Whitty, also known as Jean C. Whitty (defendant), moved to dismiss the complaint with prejudice. Supreme Court granted that part of the motion to dismiss the complaint, but ordered that it be dismissed without prejudice. We affirm. Contrary to defendant’s contention, we conclude under the circumstances presented here that the court did not abuse its discretion in dismissing the complaint without prejudice (see generally Castillo v County of Suffolk, 307 AD2d 305, 305 [2003]). We have reviewed defendant’s remaining contentions and conclude that they are either without merit or not preserved for our [1728]*1728review. Present — Smith, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.

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Memorandum: In this mortgage foreclosure action, Jean Whitty, also known as Jean C. Whitty (defendant), moved to dismiss the complaint with prejudice. Supreme Court granted that part of the motion to dismiss the complaint, but ordered that it be dismissed without prejudice. We affirm. Contrary to defendant’s contention, we conclude under the circumstances presented here that the court did not abuse its discretion in dismissing the complaint without prejudice (see generally Castillo v County of Suffolk, 307 AD2d 305, 305 [2003]). We have reviewed defendant’s remaining contentions and conclude that they are either without merit or not preserved for our [1728]*1728review. Present — Smith, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.

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Bluebook (online)

101 A.D.3d 1727, 955 N.Y.2d 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-new-york-mellon-v-whitty-nyappdiv-2012.

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