GENOVESE v. NATIONSTAR MORTGAGE LLC

Index No. 805874/22E, Appeal No. 666, Case No. 2023-00096.

2023 NY Slip Op 06477

DEBORAH GENOVESE, AS EXECUTOR OF THE ESTATE OF JOSEPH GENOVESE, Plaintiff-Appellant, v. NATIONSTAR MORTGAGE LLC DOING BUSINESS AS CHAMPION MORTGAGE COMPANY, Defendant-Respondent.

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

Decided December 19, 2023.


Attorney(s) appearing for the Case

Padernacht Law, P.C., Bronx ( Daniel A. Padernacht of counsel), for appellant.

Nelson Mullins Riley & Scarborough LLP, New York ( Alan F. Kaufman and Lisa A. Herbert of counsel), for respondent.

Before: Kern, J.P., Moulton, Mendez, Higgitt, O'Neill Levy, JJ.


Plaintiff appeals from an order of the Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered November 4, 2022, which granted defendant's motion to dismiss the complaint.

On March 13, 2006, plaintiff's decedent executed a reverse mortgage in favor of Wells Fargo Bank encumbering his single-family home in the Bronx...

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