BAC HOME LOANS SERVICING, L.P. v. KIRNON

2018-02296. Index No. 4505/08.

184 A.D.3d 547 (2020)

123 N.Y.S.3d 522

2020 NY Slip Op 03094

BAC Home Loans Servicing, L.P., Plaintiff, v. Kevin Kirnon, Defendant, and Teresa Williams, Appellant. PMT NPL Financing 2014-1, Nonparty Respondent.

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

Decided June 3, 2020.


Ordered that the judgment of foreclosure and sale is reversed, on the law, with costs, that branch of the plaintiff's motion which was for a judgment of foreclosure and sale is denied, the cross motion of the defendant Teresa Williams pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against her as abandoned is granted, and the order entered December 6, 2017, is modified accordingly.

The plaintiff commenced an action in March 2008, under index...

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