Appellate Division of the Supreme Court of New York, 2012

Citibank, N.A. v. Swiatkowski

Appellate Division of the Supreme Court of New York · Decided August 8, 2012

98 A.D.3d 554; 949 N.Y.S.2d 634

Cases that cite this one

4 later published cases cite this decision.

U.S. Bank N.A. v. Maniscalco (Appellate Division of the Supreme Court of New York 2019)
Johnson & Cohen, LLP v. Gilberg (Appellate Division of the Supreme Court of New York 2015)
Citibank, N.A. v. Swiatkowski (Appellate Division of the Supreme Court of New York 2012)
Citibank, N.A. v. Swiatkowski (Appellate Division of the Supreme Court of New York 2012)

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 of the Court

— In an action to foreclose a mortgage, the defendant Lidia Swiatkowski appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Jonas, J.), dated November 10, 2004, as denied those branches of the defendants’ motion which were pursuant to CPLR 5015 (a) to vacate a judgment entered June 14, 1999, in a prior action, and pursuant to CPLR 3211 (a) to dismiss the complaint in this action.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in this action on October 13, 2005 (see Matter of Aho, 39 NY2d 241, 248 [1976]), and, by decision *555and order on motion of this Court dated July 17, 2006, the appeal from that judgment was dismissed as abandoned for the appellant’s failure to perfect the appeal. Florio, J.P., Balkin, Chambers and Cohen, JJ., concur.

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