Ocwen Federal Bank FSB v. DeLuxe Building Systems

New York Court of Appeals

Ocwen Federal Bank FSB v. DeLuxe Building Systems

818 N.E.2d 651, 3 N.Y.3d 688, 785 N.Y.S.2d 10, 2004 N.Y. LEXIS 2213

New York Court of Appeals·Decided September 7, 2004·Published

Opinion

Motion for leave to appeal dismissed upon the ground that the order of the Appellate Division from which leave is sought [689] does not finally determine the action within the meaning of the Constitution. The judgment, the appeal from which was dismissed by the Appellate Division, entered pursuant to the parties’ stipulation, does not constitute a final judgment because the stipulation was entered into “without prejudice” (see Herzfeld & Stern v Beck, 82 NY2d 789 [1993]; Russo v New York Life Ins. Co., 95 NY2d 847 [2000]).

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Motion for leave to appeal dismissed upon the ground that the order of the Appellate Division from which leave is sought [689] does not finally determine the action within the meaning of the Constitution. The judgment, the appeal from which was dismissed by the Appellate Division, entered pursuant to the parties’ stipulation, does not constitute a final judgment because the stipulation was entered into “without prejudice” (see Herzfeld & Stern v Beck, 82 NY2d 789 [1993]; Russo v New York Life Ins. Co., 95 NY2d 847 [2000]).

Ocwen Federal Bank FSB v. DeLuxe Building Systems, 818 N.E.2d 651, 3 N.Y.3d 688, 785 N.Y.S.2d 10, 2004 N.Y. LEXIS 2213 (N.Y. 2004).

Pincite

818 N.E.2d 651 (Ocwen Federal Bank FSB v. DeLuxe Building Systems) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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