FEDERAL NATIONAL MORTGAGE ASSN. v. CAPPELLI


120 A.D.3d 621 (2014)

990 N.Y.S.2d 856

2014 NY Slip Op 05836

FEDERAL NATIONAL MORTGAGE ASSOCIATION, Respondent, v. GIOVANNI CAPPELLI et al., Defendants, and NIVES CAPPELLI, Appellant.

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

Decided August 20, 2014.


In an action to foreclose a mortgage, the defendant Nives Cappelli appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated August 3, 2012, which denied her motion to dismiss the complaint insofar as asserted against her pursuant to CPLR 3211 (a) (3) for lack of standing, for the plaintiff's failure to comply with the requirements of RPAPL 1304, and for the plaintiff's failure to make a good-faith attempt...

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