U.S. Bank National Ass'n v. Smith

Appellate Division of the Supreme Court of New York

U.S. Bank National Ass'n v. Smith

123 A.D.3d 914, 999 N.Y.S.2d 834

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

DecidedDecember 17, 2014

Docket2013-00295

StatusPublished

This text of 123 A.D.3d 914 (U.S. Bank National Ass'n v. Smith) 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

U.S. Bank National Ass'n v. Smith, 123 A.D.3d 914, 999 N.Y.S.2d 834 (N.Y. Ct. App. 2014).

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Opinion

In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated October 5, 2012, as, after settlement conferences pursuant to CPLR 3408, directed the continuation of a toll of the accrual of interest on the subject mortgage loan “pending further order of [the court] or the parties reaching an agreement on the terms of a modification.”

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from an order which does not determine a motion made on notice (see CPLR 5701 [a] [2]), and we decline to grant leave to appeal since the appeal is academic in light of our determination of a companion appeal (see U.S. Bank N.A. v Smith, 123 AD3d 914 [2014] [decided herewith]).

Chambers, J.P., Sgroi, Miller and Barros, JJ., concur.

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In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated October 5, 2012, as, after settlement conferences pursuant to CPLR 3408, directed the continuation of a toll of the accrual of interest on the subject mortgage loan “pending further order of [the court] or the parties reaching an agreement on the terms of a modification.”

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies as of right from an order which does not determine a motion made on notice (see CPLR 5701 [a] [2]), and we decline to grant leave to appeal since the appeal is academic in light of our determination of a companion appeal (see U.S. Bank N.A. v Smith, 123 AD3d 914 [2014] [decided herewith]).

Chambers, J.P., Sgroi, Miller and Barros, JJ., concur.

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Bluebook (online)

123 A.D.3d 914, 999 N.Y.S.2d 834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/us-bank-national-assn-v-smith-nyappdiv-2014.

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