BENEFICIAL HOMEOWNER SERV. CORP. v. FRANCIS

2021-04419. Index No. 723949/20.

209 A.D.3d 957 (2022)

177 N.Y.S.3d 308

2022 NY Slip Op 05979

Beneficial Homeowner Service Corporation, Appellant, v. Daniel Francis, Respondent, et al., Defendants.

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

Decided October 26, 2022.


Attorney(s) appearing for the Case

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY ( Louis A. Levithan of counsel), for appellant.

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

Barros, J.P., Miller, Genovesi and Voutsinas, JJ., concur.


In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Allan B. Weiss, J.), entered June 10, 2021. The order granted the motion of the defendant Daniel Francis pursuant to CPLR 5015(a) to vacate an order of the same court entered August 23, 2012, granting the plaintiff's motion, inter alia, for summary judgment on the complaint insofar as asserted against that defendant, to...

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