Cendant Mortgage Corp. v. Packes

Appellate Division of the Supreme Court of New York

Cendant Mortgage Corp. v. Packes

19 A.D.3d 356, 795 N.Y.S.2d 908

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

DecidedJune 6, 2005

StatusPublished

Cited by2 cases

This text of 19 A.D.3d 356 (Cendant Mortgage Corp. v. Packes) 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

Cendant Mortgage Corp. v. Packes, 19 A.D.3d 356, 795 N.Y.S.2d 908 (N.Y. Ct. App. 2005).

Pincite

Opinion

In an action to foreclose a mortgage, the defendant James A. Packes, Jr., appeals (1) from an order of the Supreme Court, Rockland County (Nelson, J.), dated May 28, 2003, which granted the plaintiffs motion for summary judgment and denied his cross motion for leave to amend the answer and (2), as limited by his brief, from so much an order of the same court also dated May 28, 2003, as granted the plaintiffs motion to strike the answer and appointed a referee to compute the amount due under the note and mortgage.

Ordered that the appeals are dismissed as academic, without costs or disbursements.

As the outstanding mortgage debt in dispute has been fully satisfied by the appellant’s payoff to the plaintiff on or about June 9, 2004, any determination by this Court will not affect the rights of the parties. The matter does not otherwise warrant invoking an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]). Accordingly, the appeals have been rendered academic.

The appellant’s remaining contentions are without merit. Florio, J.E, Santucci, Mastro and Spolzino, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to foreclose a mortgage, the defendant James A. Packes, Jr., appeals (1) from an order of the Supreme Court, Rockland County (Nelson, J.), dated May 28, 2003, which granted the plaintiffs motion for summary judgment and denied his cross motion for leave to amend the answer and (2), as limited by his brief, from so much an order of the same court also dated May 28, 2003, as granted the plaintiffs motion to strike the answer and appointed a referee to compute the amount due under the note and mortgage.

Ordered that the appeals are dismissed as academic, without costs or disbursements.

As the outstanding mortgage debt in dispute has been fully satisfied by the appellant’s payoff to the plaintiff on or about June 9, 2004, any determination by this Court will not affect the rights of the parties. The matter does not otherwise warrant invoking an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]). Accordingly, the appeals have been rendered academic.

The appellant’s remaining contentions are without merit. Florio, J.E, Santucci, Mastro and Spolzino, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

19 A.D.3d 356, 795 N.Y.S.2d 908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cendant-mortgage-corp-v-packes-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack