PENNYMAC CORP. v. WEINBERG

2019-06667. Index No. 23646/09.

203 A.D.3d 1061 (2022)

166 N.Y.S.3d 198

2022 NY Slip Op 02010

PennyMac Corp., Respondent, v. Joseph Weinberg et al., Appellants, et al., Defendants.

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

Decided March 23, 2022.


Attorney(s) appearing for the Case

Petroff Amshen LLP, Brooklyn, NY ( Serge F. Petroff , James Tierney , and Steven Amshen of counsel), for appellants.

David A. Gallo & Associates LLP, Roslyn Heights, NY ( Jonathan M. Cohen of counsel), for respondent.

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


Ordered that the order and 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, that branch of the cross motion of the defendants Joseph Weinberg and Anna Weinberg which was pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against them as abandoned is granted, and the order dated April 11, 2018, is modified accordingly.

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