BANK OF N.Y. MELLON v. MITCHELL

2018-13860. Index No. 21946/09.

186 A.D.3d 1470 (2020)

131 N.Y.S.3d 106

2020 NY Slip Op 05023

Bank of New York Mellon, Appellant, v. Daniel Mitchell, Respondent, et al., Defendants.

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

Decided September 23, 2020.


Ordered that the appeal is dismissed, without costs or disbursements.

In April 2004, the defendant Daniel Mitchell (hereinafter the defendant) executed a note secured by a mortgage on certain real property located in Brooklyn. In August 2009, the plaintiff commenced this action to foreclose the mortgage. The defendant interposed an answer.

In 2012, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant...

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