MENORAH HOME AND HOSPITAL FOR AGED AND INFIRM v. JELKS


61 A.D.3d 648 (2009)

876 N.Y.S.2d 502

MENORAH HOME AND HOSPITAL FOR AGED AND INFIRM, Respondent, v. GODFREY JELKS, Defendant. GREEN TREE CREDIT, LLC, Formerly Known as CONSECO FINANCE CREDIT CORP., Nonparty Appellant.

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

Decided April 7, 2009.


Ordered that the order is reversed, on the law, with costs, the nonparty appellant's motion, in effect, pursuant to CPLR 2221 (a) and 1001 (a) is granted, and those provisions of the December 5, 2006 order which granted that branch of the plaintiff's motion which was for leave to amend the complaint and which amended the order and judgment dated September 12, 2005 to include a declaration that the subject deed is null and void and a direction to the County Clerk of Kings...

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