EMIGRANT MTGE. CO., INC. v. GOSDIN

2013-03834, Index No. 312/10.

119 A.D.3d 639 (2014)

989 N.Y.S.2d 609

2014 NY Slip Op 5151

EMIGRANT MORTGAGE COMPANY, INC., Appellant, v. BRIAN A. GOSDIN, Respondent, et al., Defendants.

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

Decided July 9, 2014.


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, Nassau County (Adams, J.), entered December 14, 2012, as denied that branch of its renewed motion which was pursuant to RPAPL 1321 for an order of reference based upon its alleged failure to comply with the notice requirements of RPAPL 1304, and, sua sponte, directed the dismissal of the complaint.

Ordered that on the Court's own motion...

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