JPMorgan Chase Bank, N.A. v. Allanah

Summary

In this mortgage foreclosure action, the Appellate Division, Second Department dismissed an appeal from two intermediate orders granting summary judgment, striking the defendant's answer, and directing the appointment of a referee. The court held that the right to directly appeal from those orders terminated upon entry of the order and judgment of foreclosure and sale, and that the issues were reviewable on appeal from that later judgment.

Holdings

1. The appeals from the orders had to be dismissed because the right of direct appeal from those orders terminated upon entry of the order and judgment of foreclosure and sale.
2. The issues raised on the appeals from the orders were brought up for review and considered on the appeal from the order and judgment of foreclosure and sale.

Questions Presented

1. Whether direct appeals from the November 30, 2017 orders remained viable after entry of the order and judgment of foreclosure and sale.
2. Whether the issues raised in the appeals from the orders could instead be reviewed on an appeal from the later order and judgment of foreclosure and sale.

Disposition

dismissed