WILMINGTON SAVINGS FUND SOCIETY FSB v. SCHWARTZ (2026)

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

WILMINGTON SAVINGS FUND SOCIETY, FSB, etc., respondent, v. Yitzchok SCHWARTZ, etc., et al., appellants, et al., defendants.

2024-07876

Decided: September 02, 2026

BETSY BARROS, J.P., LILLIAN WAN, JAMES P. MCCORMACK, PHILLIP HOM, JJ.

McCarthy Fingar LLP, White Plains, NY (Robert H. Rosh of counsel), for appellants. Friedman Vartolo LLP, New York, NY (Ronald P. Labeck of counsel), for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, the defendants Yitzchok Schwartz, Martin Schwartz, Lea Eizikovits, Michael Schwartz, and Bella Teitelbaum appeal from an order of the Supreme Court, Kings County (Larry D. Martin, J.), dated February 5, 2024. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against those defendants and for an order of reference, and denied those defendants' cross-motion for summary judgment dismissing the complaint insofar as asserted against them.

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

The appeal must be dismissed because the right of direct appeal from the order terminated with the entry of the order and judgment of foreclosure and sale in the action (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647). The issues raised on the appeal from the order are brought up for review and have been considered on the related appeal from the order and judgment of foreclosure and sale (see CPLR 5501[a][1]; Wilmington Savings Fund Society, FSB v. Schwartz, ––– A.D 3d ––––, 2026 WL 2590055; decided herewith] ).

BARROS, J.P., WAN, MCCORMACK and HOM, JJ., concur.

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