AURORA LOAN SERVICES, LLC v. SPEARMAN

2009-01118

68 A.D.3d 796 (2009)

2009 NY Slip Op 9174

890 N.Y.S.2d 124

AURORA LOAN SERVICES, LLC, Respondent, v. SHAMEEKA SPEARMAN, Also Known as SHAMEEKA S. SPEARMAN, et al., Defendants, and RUBY HUNTE, Also Known as RUBY M. HUNTE, Appellant.

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

Decided December 8, 2009.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the appellant's motion to dismiss the complaint in the action entitled Aurora Loan Serv., LLC v Spearman due to the pendency of a prior mortgage foreclosure action is granted.

This consolidated action arises out of a mortgage agreement executed in 1999 between HomeSide Lending, Inc. (hereinafter HomeSide), the predecessor in interest of the plaintiff, as mortgagee, and...

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