| DePalma v Roundpoint Mortgage Servicing Corporation |
| Motion No: 2015-09768 |
| Slip Opinion No: 2017 NY Slip Op 91275(U) |
| Decided on November 2, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M240574
E/ct
L. PRISCILLA HALL, J.P.
HECTOR D. LASALLE
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2015-09768 Carmine DePalma, et al., appellants-respondents, v Roundpoint Mortgage Servicing Corporation, et al., respondents-appellants, et al., defendants; Goshen Mortgage, nonparty. (Index No. 52322/14)
| DECISION & ORDER ON MOTION |
Motion by the respondents-appellants on an appeal and a cross appeal from an order of the Supreme Court, Westchester County, dated October 5, 2015, to dismiss the appeal on the ground that the appeal is barred by the doctrine of collateral estoppel, and to withdraw the cross appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to withdraw the cross appeal is granted and the cross appeal is deemed withdrawn.
HALL, J.P., LASALLE, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court