Appellate Division of the Supreme Court of New York, 2010

Deutsche Bank National Trust Co. v. Pestano

Deutsche Bank National Trust Co. v. Pestano
Appellate Division of the Supreme Court of New York · Decided March 30, 2010
71 A.D.3d 1075; 899 N.Y.S.2d 619
Deutsche Bank National Trust Co. v. Pestano

Opinion of the Court

In an action to foreclose a mortgage, the plaintiff appeals from a decision of the Supreme Court, Kings County (Archer, J.H.O.), dated January 29, 2009, which, after a hearing, found that service of process was improper.

Ordered that the appeal from the decision is dismissed, with costs, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]). Covello, J.P., Florio, Eng and Chambers, JJ., concur.

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