CARRINGTON MTGE. SERVS., LLC v. SUDANO

212 CA 18-01800.

173 A.D.3d 1814 (2019)

2019 NY Slip Op 05272

Carrington Mortgage Services, LLC, Appellant, v. Linda M. Sudano, Respondent, et al., Defendants.

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

Decided June 28, 2019.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this mortgage foreclosure action, plaintiff appeals from an order dismissing its action against, among others, Linda M. Sudano (defendant) on the ground that plaintiff failed to establish that it is the holder or assignee of both the note and mortgage. We affirm.

Plaintiff contends that the doctrine of collateral estoppel barred Supreme Court from reexamining...

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