CitiMORTGAGE, INC. v. PANTOJA

Index No. 13637/06, Appeal No. 1555, Case No. 2023-03041.

2024 NY Slip Op 00370

CitiMORTGAGE, INC., Plaintiff-Respondent, v. RAFAEL PANTOJA, Defendant-Appellant, FIRST HOME PROPERTIES, LLC ET AL., Defendants.

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

Decided January 30, 2024.


Attorney(s) appearing for the Case

Rafael M. Pantoja, appellant pro se.

Davidson Fink LLP, Rochester ( Todd Z. Marks of counsel), for respondent.

Before: Singh, J.P., Kapnick, Kennedy, Higgitt, Michael, JJ.


Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered April 27, 2023, which denied defendant Rafael Pantoja's motion for entry of a proposed judgment and other relief, unanimously affirmed, without costs.

Supreme Court properly denied defendant's motion seeking entry of a judgment, since the action had been finally terminated by an order discontinuing the action, which divested the court of jurisdiction to consider the motion (see Cropper v Stewart...

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