Wells Fargo Bank, N.A. v Grose

Wells Fargo Bank, N.A. v Grose 2014 NY Slip Op 05261 Decided on July 11, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 11, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, SCONIERS, AND DEJOSEPH, JJ.
660 CA 13-02044

[*1]WELLS FARGO BANK, N.A., SUCCESSOR BY MERGER TO WACHOVIA BANK, N.A., PLAINTIFF-RESPONDENT,

v

MARY L. GROSE, DEFENDANT-APPELLANT, FIRST AMERICAN INVESTMENT COMPANY, LLC, AS ASSIGNEE OF WACHOVIA NATIONAL BANK, ET AL., DEFENDANTS.

Appeal from an order of the Supreme Court, Orleans County (James P. Punch, A.J.), entered December 14, 2012. The order denied the motion of defendant Mary L. Grose to dismiss the action.

LEGAL SERVICES FOR THE ELDERLY, DISABLED OR DISADVANTAGED OF WESTERN NEW YORK, INC., BUFFALO (DANIEL WEBSTER OF COUNSEL), FOR DEFENDANT-APPELLANT.

WOODS OVIATT GILMAN LLP, ROCHESTER (FRANCES M. KABAT OF COUNSEL), AND HOGAN LOVELLS US LLP, NEW YORK CITY, FOR PLAINTIFF-RESPONDENT.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on March 14 and May 29, 2014, and filed in the Orleans County Clerk's Office on June 6, 2014,

It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation.

Entered: July 11, 2014

Frances E. Cafarell

Clerk of the Court