Lakeview Loan Servicing, LLC v. Finn
Summary of the case Lakeview Loan Servicing, LLC v. Finn
In the case of Lakeview Loan Servicing, LLC v. Finn, the defendants, Mark Edward Finn and Linda Finn, appealed an order granting the plaintiff's motion for summary judgment in a residential foreclosure action. The appeal was dismissed because the defendants did not appeal the final judgment of foreclosure and sale, and the right to appeal from an intermediate order terminates with the entry of a final judgment.
Key Issues of the case Lakeview Loan Servicing, LLC v. Finn
- Appeal from summary judgment
- Final judgment of foreclosure
Key Facts of the case Lakeview Loan Servicing, LLC v. Finn
- Plaintiff was granted summary judgment
- Defendants did not appeal the final judgment
Decision of the case Lakeview Loan Servicing, LLC v. Finn
Appeal dismissed
Impact of the case Lakeview Loan Servicing, LLC v. Finn
The dismissal reinforces the principle that the right to appeal from an intermediate order ends with the entry of a final judgment.
Opinions
Lakeview Loan Servicing, LLC v Finn (2019 NY Slip Op 07173) Lakeview Loan Servicing, LLC v Finn 2019 NY Slip Op 07173 Decided on October 4, 2019 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on October 4, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department PRESENT: WHALEN, P.J., SMITH, DEJOSEPH, CURRAN, AND WINSLOW, JJ. 861 CA 19-00002 []LAKEVIEW LOAN SERVICING, LLC, PLAINTIFF-RESPONDENT, vMARK EDWARD FINN, LINDA FINN, DEFENDANTS-APPELLANTS, ET AL., DEFENDANT. LEGAL ASSISTANCE OF WESTERN NEW YORK, INC., GENEVA (AMARIS ELLIOTT-ENGEL OF COUNSEL), FOR DEFENDANTS-APPELLANTS. SCHILLER, KNAPP, LEFKOWITZ & HERTZEL, LLP, LATHAM (GREGORY J. SANDA OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Wayne County (John B.
Nesbitt, A.J.), entered April 2, 2018. The order, inter alia, granted the motion of plaintiff for summary judgment and appointed a referee. It is hereby ORDERED that said appeal is unanimously dismissed without costs. Memorandum: In this residential foreclosure action, Mark Edward Finn and Linda Finn (defendants) appeal from an order granting plaintiff's motion for, inter alia, summary judgment on the complaint and an order of reference. A final judgment of foreclosure and sale was subsequently entered in this action, and defendants did not appeal from that judgment.
Inasmuch as “[t]he right to appeal from an intermediate order terminates with the entry of a final judgment” (Matter of Scott v Manilla , 203 AD2d 972, 973 [4th Dept 1994]; see generally CPLR 5501 [a] [1]), this appeal from the intermediate order must be dismissed (see Matter of Aho , 39 NY2d 241, 248 [1976]). Entered: October 4, 2019 Mark W. Bennett Clerk of the Court