State Street Bank & Trust Co. v. Francis
Cases that cite this one
2 later published cases cite this decision.
- DLJ Mortgage Capital, Inc. v. United General Title Insurance (Appellate Division of the Supreme Court of New York 2015)
- Ohio Savings Bank v. Decaudin (Appellate Division of the Supreme Court of New York 2015)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
βIn an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Nassau County (Joseph, J.), entered June 7, 2000, which denied its motion for leave to enter judgment against the defendants upon their respective defaults in answering the complaint, and, upon the cross motion of the defendants Norris E. Francis and Patricia Francis pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against them, dismissed the complaint in its entirety.
Ordered that the order is affirmed, with costs payable to the respondents Norris E. Francis and Patricia Francis.
The plaintiff failed to move for leave to enter judgment within one year following the respective defaults of the defendants in answering the complaint (see, CPLR 3215 [c]),
We have not considered the papers submitted in connection with the plaintiffs motion for reargument, which motion was denied, as they are not properly part of the record on this appeal. Goldstein, J. P., Friedmann, Feuerstein and Crane, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.