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JPMORGAN CHASE BANK, NATIONAL ASSOCIATION v. KLEIN

2017-02010. Index No. 32751/14.

178 A.D.3d 788 (2019)

113 N.Y.S.3d 741

2019 NY Slip Op 08831

JPMorgan Chase Bank, National Association, Respondent, v. Joseph Klein et al., Defendants, and Bank of New York Mellon, Appellant.

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

Decided December 11, 2019.

Attorney(s) appearing for the Case

Belowich & Walsh LLP, White Plains, NY ( Daniel G. Walsh and Kerry Ford Cunningham of counsel), for appellant.

Riker, Danzig, Scherer, Hyland & Perretti LLP, New York, NY ( Michael R. O'Donnell and Jorge A. Sanchez of counsel), for respondent.

Roman, J.P., Miller, Maltese and Iannacci, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal from so much of the order as, sua sponte, in effect, declared that the mortgage held by the defendant Bank of New York Mellon is invalid 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, on the law, by deleting the provision thereof, in effect, declaring that the...

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