# Countrywide Home Loans, Inc. v. Brown

> Appellate Division of the Supreme Court of the State of New York · June 27, 2005 · 19 A.D.3d 638

URL: https://www.frixlaw.com/law-library/cases/5686530

## Case

- **Full name:** Countrywide Home Loans, Inc., Doing Business as America's Wholesale Lender v. Dennis Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 27, 2005
- **Citations:** 19 A.D.3d 638; 797 N.Y.S.2d 295; 2005 N.Y. App. Div. LEXIS 7340
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5686530

## Opinion text

In an action to foreclose a mortgage, the defendant Dennis Brown appeals from stated portions of an order and judgment (one paper) of the Supreme Court, Nassau County (McCarty, J.), entered July 7, 2004, which, inter alia, granted the plaintiffs motion, in effect, for summary judgment and denied his cross motion pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against him.
Ordered that the order and judgment is affirmed insofar as appealed from, with costs.
*639 Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the appellant’s cross motion pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against him (see North Fork Bank v Cantico Intl., 284 AD2d 442 [2001]; Grajales v Freihofer Baking Co., 283 AD2d 608 [2001]).
The appellant’s remaining contentions are without merit. Schmidt, J.P., Santucci, Mastro and Rivera, JJ., concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5686530. Public record. Not legal advice.