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MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. v. HOLMES

2014-03808

131 A.D.3d 680 (2015)

17 N.Y.S.3d 31

2015 NY Slip Op 06662

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for ALLIANCE MORTGAGE BANKING CORP., its Successors and Assigns c/o EMC MORTGAGE CORPORATION, 909 Hidden Ridge Drive, Irving, TX 75038-3817, Appellant, v. CAROLINE HOLMES et al., Respondents.

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

Decided August 26, 2015.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, directed the dismissal of the complaint without prejudice is deemed an application for leave to appeal from that portion of the order, and leave to appeal from that portion of the order is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, without...

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