Green Tree Servicing, LLC v Weiss, 2023 NY Slip Op 06239 [222 AD3d 626]

December 6, 2023

Appellate Division, Second Department

[*1]

Green Tree Servicing, LLC, Appellant,

v

Abraham Weiss et al., Respondents, et al., Defendants.

Aldridge Pite, LLP, Melville, NY (Kenneth Sheehan of counsel), for appellant.

Allen A. Kolber (Mischel & Horn, P.C., New York, NY [Scott T. Horn and Nicholas S. Bruno], of counsel), for respondents.

In an action, inter alia, to foreclose a mortgage, the plaintiff appeals from stated portions of an order of the Supreme Court, Rockland County (Robert M. Berliner, J.), dated September 17, 2019. The order, inter alia, granted that branch of the motion of the defendants Abraham Weiss and Esther Weiss which was pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against them as barred by the statute of limitations.

Ordered that the appeal is dismissed, without costs or disbursements, as the order dated September 17, 2019, was superseded by an order of the same court dated June 3, 2021, made upon renewal ( see Green Tree Servicing, LLC v Weiss , 222 AD3d 626 [2023] [decided herewith]). Duffy, J.P., Genovesi, Dowling and Taylor, JJ., concur..