BAYVIEW LOAN SERVICING, LLC v. CHARLESTON

2017-01299, Index No. 2184/15.

175 A.D.3d 1229 (2019)

108 N.Y.S.3d 161

2019 NY Slip Op 06463

Bayview Loan Servicing, LLC, Respondent, v. Joel Charleston, as Temporary Administrator of the Estate of Leonel Escobar, Deceased, Appellant, et al., Defendants.

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

Decided September 11, 2019.


Attorney(s) appearing for the Case

Joel Charleston, as temporary administrator of the estate of Leonel Escobar, North Woodmere, NY, appellant pro se.

Woods Oviatt Gilman LLP, Rochester, NY ( Richard S. Mullen of counsel), for respondent.

Mastro, J.P., Miller, Barros and Christopher, JJ., concur.


Ordered that the order is modified, on the law and the facts, by deleting the provision thereof denying that branch of the motion of the defendant Joel Charleston, as temporary administrator of the estate of Leonel Escobar, which was pursuant to CPLR 3124 to compel the plaintiff to produce the original note and endorsements, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs...

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