JPMORGAN CHASE BANK, N.A. v. EXECUTOR OF THE ESTATE OF RITA LERNER

Index No. 850171/13. Appeal Nos. 11395-11395A. Case No. 2019-4179.

187 A.D.3d 577 (2020)

130 N.Y.S.3d 678

2020 NY Slip Op 05855

JPMorgan Chase Bank, N.A., Respondent, v. Executor of the Estate of Rita Lerner et al., Defendants, and Lynn D. Salvage, Also Known as Lynn Salvage, Appellant.

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

Decided October 20, 2020.


Plaintiff's foreclosure claim is moot, as the parties have entered into a loan modification agreement.

The motion court properly denied defendant's request for a stay pending this Court's decision on a prior appeal (see JPMorgan Chase Bank, N.A. v Salvage, 171 A.D.3d 438, 439 [1st Dept 2019]). We ruled in that decision that defendant's counterclaims should not have been dismissed pursuant to CPLR 3215(c), noting, inter alia, that defendant had demonstrated...

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