Hellas Fos Inc. v. Russo
| Decision Date | 24 May 2011 |
| Citation | 84 A.D.3d 1166,2011 N.Y. Slip Op. 04419,924 N.Y.S.2d 447 |
| Parties | HELLAS FOS, INC., appellant,v.Antonio RUSSO, et al., defendants,Bayview Loan Servicing, LLC, respondent. |
| Court | New York Supreme Court — Appellate Division |
84 A.D.3d 1166
924 N.Y.S.2d 447
2011 N.Y. Slip Op. 04419
HELLAS FOS, INC., appellant,
v.
Antonio RUSSO, et al., defendants,Bayview Loan Servicing, LLC, respondent.
Supreme Court, Appellate Division, Second Department, New York.
May 24, 2011.
[924 N.Y.S.2d 447]
John M. Stravato, Bethpage, N.Y., for appellant.Fidelity National Law Group, New York, N.Y. (Danielle Simone of counsel), for respondent.WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, LEONARD B. AUSTIN, and JEFFREY A. COHEN, JJ.
[84 A.D.3d 1166] In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Whelan, J.), dated December 18, 2009, which granted the motion of the defendant Bayview Loan Servicing, LLC, for summary judgment dismissing the complaint insofar as asserted against it, and (2) a judgment of the same court entered August 25, 2010, which, upon the order dated December 18,
[924 N.Y.S.2d 448]
2009, and upon an order dated May 19, 2010, inter alia, granting the cross motion of the defendant Bayview Loan Servicing, LLC, to modify the order dated December 18, 2009, to include a declaration regarding the discharge of the plaintiff's mortgage, is in favor of the defendant Bayview Loan Servicing, LLC, and against the plaintiff, in effect, dismissing the complaint insofar as asserted against the defendant Bayview Loan Servicing, LLC, and declaring that the plaintiff's mortgage was discharged and that the mortgage held by the defendant Bayview Loan Servicing, LLC, is superior to it.
ORDERED that the appeal from the order dated December 18, 2009, is dismissed; and it is further,
ORDERED that the judgment is affirmed; and it is further,
ORDERED that one bill of costs is awarded to the defendant Bayview Loan Servicing, LLC.
The appeal from the intermediate order dated December 18, 2009, must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action ( see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647). The issues raised on the appeal from the order dated December 18, 2009, are brought up for review and have been considered on the appeal from the judgment ( see CPLR 5501[a][1] ).
In 1985, Matthew Patkowski and Margaret Patkowski owned [84 A.D.3d 1167] certain premises and obtained a mortgage on those premises to secure a debt of $539,000, which mortgage was eventually assigned to Adrienne D. Groom. In October 2005, the premises were sold, and a new mortgage was...
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