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21ST MORTGAGE CORPORATION v. NWEKE

2015-11633. Index No. 130282/14.

165 A.D.3d 616 (2018)

85 N.Y.S.3d 127

2018 NY Slip Op 06509

21st Mortgage Corporation, as Mortgage Loan Servicer to Wilmington Savings Fund Society, FSB, a Federal Savings Bank, Doing Business as Christiana Trust, a Division of Wilmington Savings Fund Society, FSB, Solely in its Capacity as Trustee for and on Behalf of the Knoxville 2012 Trust, Respondent, v. Magdalene Nweke, Appellant, et al., Defendants.

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

Decided October 3, 2018.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, imposed an equitable mortgage in favor of the plaintiff 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 reversed insofar as appealed from, on the law, those branches of the cross motion of the defendant Magdalene Nweke which were...

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