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Marra v. Lepore

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 590 (N.Y. App. Div. 2000)

Opinion

May 30, 2000

In an action to foreclose a mortgage, the defendant Lina Bennardo appeals, as limited by her brief, from stated portions of an order of the Supreme Court, Kings County (Clemente, J.), dated October 27, 1998, which, in effect, inter alia, granted the plaintiffs' motion for summary judgment on the complaint insofar as asserted against her.

Before: O'Brien, J.P., Sullivan, Luciano and Smith, JJ.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly deemed the appellant's affidavits to constitute her answer to the amended complaint ( see, San-Dar Assocs. v. Toro, 213 A.D.2d 233; see also, CPLR 320[b]; Urena v. NYNEX, Inc., 223 A.D.2d 442; Colbert v. International Sec. Bur., 79 A.D.2d 448, 463). Upon the effective joinder of issue, the Supreme Court properly granted the plaintiffs' motion for summary judgment in light of the evidentiary proof submitted by the parties ( see, San-Dar Assocs. v. Toro, supra; see also, Gutman v. Livingston, 173 App. Div. 670, 674, affd 226 N.Y. 582).

The appellant's remaining contentions are without merit.


Summaries of

Marra v. Lepore

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 590 (N.Y. App. Div. 2000)
Case details for

Marra v. Lepore

Case Details

Full title:DONATO MARRA ET AL., RESPONDENTS, v. ALFRED LEPORE ET AL., DEFENDANTS, AND…

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

Date published: May 30, 2000

Citations

272 A.D.2d 590 (N.Y. App. Div. 2000)
708 N.Y.S.2d 633