| Simon v CIT Bank, N.A. |
| Motion No: 2023-01849 |
| Slip Opinion No: 2023 NY Slip Op 67367(U) |
| Decided on May 22, 2023 |
| 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
M289147
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
CHERYL E. CHAMBERS
BARRY E. WARHIT, JJ.
|
2023-01849 Aaron Simon, et al., appellants, v CIT Bank, N.A., etc., et al., defendants, Wilmington Savings Fund Society, FSB, etc., et al., respondents. (Index No. 529709/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated January 25, 2023. Motion by the respondent Wilmington Savings Fund Society, FSB, to dismiss the appeal on the ground that no appeal lies from an order entered upon the default of the appealing party.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is denied.
DUFFY, J.P., BRATHWAITE NELSON, CHAMBERS and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court