FEDERAL NATL. MTGE. ASSN. v. ADAGO

No. 104723/09. Appeal No. 602. Case No. 2022-05040.

219 A.D.3d 1219 (2023)

196 N.Y.S.3d 426

2023 NY Slip Op 04717

Federal National Mortgage Association, Respondent, v. Joseph Adago, Appellant, et al., Defendants.

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

Decided September 26, 2023.


Attorney(s) appearing for the Case

The David R. Smith Law Group PLLC, New York ( David R. Smith of counsel), for appellant.

McCalla Raymer Leibert Pierce, LLC, New York ( Thomas M. Zegarelli of counsel), for respondent.

Concur—Renwick, P.J., Kennedy, Scarpulla, Higgitt, JJ.


Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about March 15, 2022, which granted plaintiff's motion for summary judgment on its foreclosure complaint and denied defendant Joseph Adago's cross-motion for summary judgment dismissing the action, unanimously modified, on the law, to deny plaintiff's motion, and otherwise affirmed, without costs.

In this action to foreclose on a mortgage, plaintiff failed to submit evidence establishing that...

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