GREEN TREE SERVICING, LLC v. BARNES

2020-02696. Index No. 707823/14.

215 A.D.3d 809 (2023)

187 N.Y.S.3d 717

2023 NY Slip Op 01987

Green Tree Servicing, LLC, Respondent, v. Sherry Y. Barnes, Appellant, et al., Defendants.

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

Decided April 19, 2023.


Attorney(s) appearing for the Case

Regina Felton , Brooklyn, NY, for appellant.

Woods Oviatt Gilman LLP, Rochester, NY ( Cassie T. Doran and Natalie A. Grigg of counsel), for respondent.

Duffy, J.P., Connolly, Wooten and Taylor, JJ., concur.


In an action to foreclose a mortgage, the defendant Sherry Y. Barnes appeals from an order of the Supreme Court, Queens County (Salvatore J. Modica, J.), entered September 9, 2019. The order, insofar as appealed from, in effect, denied that branch of that defendant's motion which was to dismiss the complaint insofar as asserted against her with prejudice.

Ordered that the order is affirmed insofar as appealed from, with costs.

In October 2014, the plaintiff...

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