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STEWART TITLE INSURANCE COMPANY v. BANK OF NEW YORK MELLON

2015-04358, Index No. 704190/14.

154 A.D.3d 656 (2017)

61 N.Y.S.3d 634

2017 NY Slip Op 06929

STEWART TITLE INSURANCE COMPANY, Suing in its Own Right and as Assignee and Subrogee of Community Preservation Corporation, Appellant, v. BANK OF NEW YORK MELLON, Formerly Known as BANK OF NEW YORK, as Trustee for the Certificateholders of CWALT, INC., ALTERNATIVE LOAN TRUST 2005-J11, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-J11, Respondent, et al., Defendants.

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

Decided October 4, 2017.

Ordered that the notice of appeal from so much of the order as, sua sponte, directed dismissal of the complaint insofar as asserted against the defendants Credit Suisse AG, successor by merger to Credit Suisse First Boston Financial Corporation, and Brookhaven Development, LLC, is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is modified...

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