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INDYMAC FED. BANK, FSB v. BATISTA

3155/07.

101 A.D.3d 952 (2012)

956 N.Y.S.2d 181

2012 NY Slip Op 8696

INDYMAC FEDERAL BANK, FSB, Appellant, v. LUISA BATISTA, Respondent, et al., Defendants.

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

December 19, 2012.

Ordered that the order is reversed, on the law, with costs.

Contrary to the contention of the defendant Luisa Batista, the record does not reflect that the order appealed from was entered as the result of a settlement, which would require dismissal of the appeal (see CPLR 2104; Matter of Martinez v Martinez, 15 A.D.3d 663 [2005]). Since the order appealed from was not the result of a settlement, and the only basis...

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