GOLDMAN v. NATIONSTAR MTGE., LLC

2018-14247. Index No. 510009/17.

205 A.D.3d 1008 (2022)

169 N.Y.S.3d 635

2022 NY Slip Op 03375

Beverly Goldman et al., Appellants, v. Nationstar Mortgage, LLC, Respondent.

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

Decided May 25, 2022.


Attorney(s) appearing for the Case

Law Office of Samuel Katz, PLLC, Brooklyn, NY ( Joseph Schwartz , of counsel), for appellants.

McCalla Raymer Leibert Pierce, LLP, New York, NY ( Margaret S. Stefandl and Charles Jeanfreau , of counsel), for respondent.

Brathwaite Nelson, J.P., Miller, Zayas and Genovesi, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendant's cross motion pursuant to CPLR 3211(a) to dismiss the complaint, and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements.

On September 22, 2005, the plaintiffs executed a note in the amount of $359,000 in favor of nonparty Fairmont Funding, Ltd., New York Corporation (hereinafter Fairmont...

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