Hyperlawhypertext legal database Deutsche Bank National Trust Co. v. Pestano 71 A.D.3d 1075

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Deutsche Bank National Trust Co. v. Pestano

71 A.D.3d 1075 Court N.Y. App. Div. Decision date 2010-03-30 English

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p. 1075
Deutsche Bank National Trust Company, Appellant, v Robin Pestano et al., Defendants, and Florence Glay, Respondent.
[899 NYS2d 619]

In an action to foreclose a mortgage, the plaintiff appeals from a decision of the Supreme Court, Kings County (Archer, J.H.O.), dated January 29, 2009, which, after a hearing, found that service of process was improper.

Ordered that the appeal from the decision is dismissed, with costs, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]). Covello, J.P., Florio, Eng and Chambers, JJ., concur.