Appellate Division, Second Department: March 10, 2023

Handdown List released on:March 8, 2023

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By Barros, J.P.; Chambers, Miller, Christopher, JJ.

CHAMPION MORTGAGE COMPANY, app, v. MARLENE ANTOINE, ET AL., def, MARJORY ANTOINE, res — (Index No. 712860/18) Fidelity National Law Group, New York, NY (Julia W. Kiefer and David Wolkenstein of counsel), for appellant. Domenick Napoletano, Brooklyn, NY, for respondent. In an action pursuant to RPAPL article 15 to determine claims to real property and for declaratory relief, the plaintiff appeals from an order of the Supreme Court, Queens County (Larry L. Love, J.), dated July 29, 2019. The order, insofar as appealed from, denied the plaintiff’s motion pursuant to CPLR 3025(b) for leave to amend the complaint, in effect, converted that branch of the defendant Marjory Antoine’s cross-motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against her into a motion for summary judgment dismissing the complaint insofar as asserted against her and declaring that a certain mortgage on the subject property was null and void, and thereupon, granted that branch of the cross-motion. ORDERED that the order is modified, on the law, by deleting the provision thereof, in effect, converting that branch of the defendant Marjory Antoine’s cross-motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against her into a motion for summary judgment dismissing the complaint insofar as asserted against her and declaring that a certain mortgage on the subject property was null and void, and thereupon granting that branch of the cross-motion, and substituting therefor a provision denying as academic that branch of the defendant Marjory Antoine’s cross-motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against her; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

Appellate Division, Second Department: March 10, 2023

Handdown List released on:March 8, 2023

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