INDYMAC BANK, FSB v. IZZO

2016-10274, 2016-10275. Index No. 4111/08.

166 A.D.3d 866 (2018)

89 N.Y.S.3d 196

2018 NY Slip Op 08014

IndyMac Bank, FSB, Respondent, v. Teresa E. Izzo, Also Known as Theresa E. Izzo, et al., Appellants, et al., Defendants.

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

Decided November 21, 2018.


Ordered that the appeal from the order entered May 25, 2016, is dismissed, as the order was superseded by the order entered June 7, 2016, and, in any event, the appeal has been rendered academic by our determination on the appeal from the order entered June 7, 2016; and it is further,

Ordered that the order entered June 7, 2016, is modified, on the law, by deleting the provisions thereof granting the plaintiff's motion to vacate the order of discontinuance entered...

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