EMIGRANT SAV. BANK-BROOKLYN v. MAKINANO

2014-00258, 2014-02835

126 A.D.3d 934 (2015)

8 N.Y.S.3d 215

2015 NY Slip Op 02448

EMIGRANT SAVINGS BANK-BROOKLYN/QUEENS, as Assignee of Emigrant Mortgage Company, Inc., Appellant, v. BONIFACIO MAKINANO, Respondent, et al., Defendants.

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

Decided March 25, 2015.


In an action to foreclose a mortgage, the plaintiff appeals (1) from an order of the Supreme Court, Queens County (Flug, J.), entered September 6, 2013, and (2), as limited by its brief, from so much of an order of the same court entered January 10, 2014, as denied its motion for summary judgment on the complaint, for an order of reference, in effect, to dismiss the affirmative defenses of the defendant Bonifacio Makinano, and for leave to amend the caption.

Ordered...

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