GREEN TREE SERVICING LLC v. WEISS (2023)

Supreme Court, Appellate Division, Second Department, New York.

GREEN TREE SERVICING, LLC, appellant, v. Abraham WEISS, et al., respondents, et. al., defendants.

2019–12433

Decided: December 06, 2023

COLLEEN D. DUFFY, J.P., LARA J. GENOVESI, DEBORAH A. DOWLING, JANICE A. TAYLOR, JJ.

Aldridge Pite, LLP, Melville, NY (Kenneth Sheehan of counsel), for appellant. Allen A. Kolber (Mischel & Horn, P.C., New York, NY [Scott T. Horn and Nicholas S. Bruno], of counsel), for respondents.

DECISION & ORDER

In an action, inter alia, to foreclose a mortgage, the plaintiff appeals from stated portions of an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated September 17, 2019. The order, inter alia, granted that branch of the motion of the defendants Abraham Weiss and Esther Weiss which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against them as barred by the statute of limitations.

ORDERED that the appeal is dismissed, without costs or disbursements, as the order dated September 17, 2019, was superseded by an order of the same court dated June 3, 2021, made upon renewal (see Green Tree Servicing, LLC v Weiss, ––– AD3d –––– [decided herewith]).

DUFFY, J.P., GENOVESI, DOWLING and TAYLOR, JJ., concur.

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