21st Mortg. Corp. v. Palazzotto
| Citation | 164 A.D.3d 1293,81 N.Y.S.3d 752 (Mem) |
| Decision Date | 19 September 2018 |
| Docket Number | Index No. 10987/14,2016–08126 |
| Parties | 21ST MORTGAGE CORPORATION, appellant, v. Anthony PALAZZOTTO, respondent, et al., defendants. |
| Court | New York Supreme Court Appellate Division |
164 A.D.3d 1293
81 N.Y.S.3d 752 (Mem)
21ST MORTGAGE CORPORATION, appellant,
v.
Anthony PALAZZOTTO, respondent, et al., defendants.
2016–08126
Index No. 10987/14
Supreme Court, Appellate Division, Second Department, New York.
Argued - April 9, 2018
September 19, 2018
Leopold & Associates, PLLC, Armonk, N.Y. (Erin E. Wietecha of counsel), for appellant.
LaMonica Herbst & Maniscalco, LLP, Wantagh, N.Y. (Melanie A. FitzGerald of counsel), for respondent.
RUTH C. BALKIN, J.P., BETSY BARROS, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated June 14, 2016. The order denied the plaintiff's motion for leave to enter a default judgment and for an order of reference, and granted the cross motion of the defendant Anthony Palazzotto to dismiss the complaint insofar as asserted against him as time-barred and to cancel the notice of pendency filed against the subject property.
ORDERED that the order is reversed, on the law, with costs, the plaintiff's motion for leave to enter a default judgment and for an order of reference is granted, and the cross motion of the defendant Anthony Palazzotto to dismiss the complaint insofar as asserted against him as time-barred and to cancel the notice of pendency filed against the subject property is denied.
In July 2014, the plaintiff commenced this mortgage foreclosure action against, among others, the defendant Anthony Palazzotto. Palazzotto defaulted in answering or appearing, and the plaintiff moved for leave to enter a default judgment and for an order of reference. Palazzotto opposed the motion, and cross-moved to dismiss the complaint insofar as asserted against him as time-barred and to cancel the notice of pendency filed against the subject property. He argued that the debt was accelerated in 2008, when a prior action was commenced to foreclose the same mortgage. The Supreme Court denied the plaintiff's motion, and granted...
To continue reading
Request your trial
-
Sharova v. Wells Fargo Bank, Nat'l Ass'n, 502846/2018
...defense by failing to raise it in an answer or in a timely pre-answer motion to dismiss." ( 21st Mtge. Corp. v. Palazzotto , 164 A.D.3d 1293, 1294, 81 N.Y.S.3d 752 [2d Dept. 2018].)21. Where the lender had brought a motion to discontinue the prior foreclosure action, the court found this wa......
-
HSBC Bank USA, Nat'l Ass'n v. Diallo
...failure to appear or answer the complaint within the time allowed (see RPAPL 1321[1] ; CPLR 3215[f] ; 21st Mtge. Corp. v. Palazzotto, 164 A.D.3d 1293, 1294, 81 N.Y.S.3d 752 ). Contrary to the defendant's contention, the plaintiff was not required to demonstrate that it had standing to comme......
-
Jpmorgan Chase Bank, Nat'l Ass'n v. Grinkorn
...1321[1] ; CPLR 3215[f] ; Aurora Loan Servs., LLC v. Movtady, 165 A.D.3d 1025, 1026, 87 N.Y.S.3d 114 ; 21st Mtge. Corp. v. Palazzotto, 164 A.D.3d 1293, 1294, 81 N.Y.S.3d 752 ). Among other things, the plaintiff's submissions established its entitlement to reform the mortgages and CEMAs nunc ......
-
HSBC Bank United States, Nat'l Ass'n v. Masters
...706, citing Aurora Loan Servs., LLC v. Movtady, 165 A.D.3d 1025, 1026–1027, 87 N.Y.S.3d 114 ; see 21st Mtge. Corp. v. Palazzotto, 164 A.D.3d 1293, 1293, 81 N.Y.S.3d 752 ). Here, Masters failed to allege that he had a reasonable 176 A.D.3d 928 excuse for his default and, therefore, the Supre......