BAYVIEW LOAN SERVICING, LLC v. STARR-KLEIN

2018-07556. Index No. 611893/16.

193 A.D.3d 807 (2021)

142 N.Y.S.3d 414

2021 NY Slip Op 02269

Bayview Loan Servicing, LLC, Respondent, v. Cathy E. Starr-Klein, Appellant, et al., Defendants.

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

Decided April 14, 2021.


Attorney(s) appearing for the Case

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Lake Success, NY ( Christopher A. Gorman of counsel), for appellant.

Woods Oviatt Gilman LLP, Rochester, NY ( Yimell M. Suarez Abreu of counsel), for respondent.

Austin, J.P., Miller, Brathwaite Nelson and Wooten, JJ., concur.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Cathy E. Starr-Klein, inter alia, pursuant to RPAPL 1301(3) to dismiss the complaint insofar as asserted against her and to cancel a notice of pendency filed against the subject property is granted.

On May 21, 2008, Cathy E. Starr-Klein (hereinafter the defendant) executed a note in favor of Washington Mutual Bank in the sum of $360,000, which was secured by a mortgage against...

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