DITECH FIN., LLC v. BARNES

2022-00496. Index No. 720392/19.

221 A.D.3d 583 (2023)

199 N.Y.S.3d 718

2023 NY Slip Op 05489

Ditech Financial, LLC, Formerly Known as Green Tree Servicing LLC, Respondent, v. Sherry Y. Barnes, Appellant.

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

Decided November 1, 2023.


Attorney(s) appearing for the Case

Regina Felton , Brooklyn, NY, for appellant.

Woods Oviatt Gilman, LLP, Rochester, NY ( Kristin M. Bolduc of counsel), for respondent.

Duffy, J.P., Brathwaite Nelson, Chambers and Warhit, JJ., concur.


In an action to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), entered November 17, 2021. The order denied the defendant's motion to dismiss the complaint.

Ordered that the order is affirmed, with costs.

In October 2014, Green Tree Servicing, LLC (hereinafter Green Tree), commenced an action against, among others, the defendant to foreclose the subject mortgage, and a judgment of foreclosure...

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