FED. HOME LOAN MORTGAGE CORP. v. O'BRIEN


228 A.D.2d 548 (1996)

644 N.Y.S.2d 328

Federal Home Loan Mortgage Corporation, Respondent, v. Mark A. O'Brien, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 17, 1996


Ordered that the order is affirmed, with costs.

The appellant's challenge to the standing and legal capacity of the plaintiff to commence the foreclosure action is improperly raised on this appeal, since the same arguments were determined adversely to the appellant in a prior order granting summary judgment and the judgment of foreclosure, and he took no appeal therefrom (see generally, GG Mgrs. v Fidata Trust Co., 215 A.D.2d 241

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