WILMINGTON SAVINGS FUND SOCIETY FSB v. AZZANI (2025)

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

WILMINGTON SAVINGS FUND SOCIETY, FSB, etc., appellant, v. Mohamed AZZANI, etc., respondent, et al., defendants.

2022-10107

Decided: November 12, 2025

CHERYL E. CHAMBERS, J.P., LINDA CHRISTOPHER, CARL J. LANDICINO, JAMES P. MCCORMACK, JJ.

Friedman Vartolo LLP, New York, NY (Ronald P. Labeck of counsel), for appellant. Petroff Amshen LLP, Brooklyn, NY (Steven Amshen and James Tierney of counsel), for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Larry D. Martin, J.), dated September 14, 2022. The order granted the motion of the defendant Mohamed Azzani for summary judgment dismissing the complaint insofar as asserted against him.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

The appeal must be dismissed as academic in light of our determination on a related appeal (see Wilmington Sav. Fund Socy., FSB v. Azzani, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 3153349 [Appellate Division Docket No. 2024–01282; decided herewith]).

CHAMBERS, J.P., CHRISTOPHER, LANDICINO and MCCORMACK, JJ., concur.

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