Fidelity New York FSB v. Lane

Full title: FIDELITY New York FSB, Respondent, v. MARILYN LANE, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 14, 1996

233 A.D.2d 181 (N.Y. App. Div. 1996)

649 N.Y.S.2d 788

Opinion

November 14, 1996.

Order, Supreme Court, New York County (Edith Miller, J.), entered June 5, 1995, which denied defendant's motion for summary judgment on her counter-claims for fraud and abuse of process, and granted plaintiffs cross motion for summary judgment dismissing the counter-claims, and order of the same court (Carol Arber, J.), entered April 9, 1996, which consolidated the two foreclosure actions, unanimously affirmed, without costs.

Before: Milonas, J.P., Kupferman, Ross, Williams and Tom, JJ.

Defendant's counterclaims for fraud and abuse of process were properly dismissed as defendant offered only conclusory allegations unsupported by any evidence.

To the extent that this appeal purports to raise issues concerning an order from which defendant has not taken an appeal, such issues are not properly before this Court. Were we to review such issues, we would find them to be without merit.