BAC Home Loans Servicing, L.P. v. Bertram
| Decision Date | 17 April 2019 |
| Docket Number | 2016–08213,2016–08215,Index No. 14436/11 |
| Citation | 98 N.Y.S.3d 311,171 A.D.3d 994 |
| Court | New York Supreme Court — Appellate Division |
| Parties | BAC HOME LOANS SERVICING, L.P., etc., Respondent, v. Robin D. BERTRAM, Appellant, et al., Defendants. |
171 A.D.3d 994
98 N.Y.S.3d 311
BAC HOME LOANS SERVICING, L.P., etc., Respondent,
v.
Robin D. BERTRAM, Appellant, et al., Defendants.
2016–08213
2016–08215
Index No. 14436/11
Supreme Court, Appellate Division, Second Department, New York.
Submitted - January 14, 2019
April 17, 2019
Vivia L. Joseph Law Group P.C., Cambria Heights, N.Y. (David B. Calender of counsel), for appellant.
Frenkel, Lambert, Weiss, Weisman & Gordon, Bay Shore, N.Y. (Christopher P. Kohn and Ruth O'Connor of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, HECTOR D. LASALLE, JJ.
DECISION & ORDER
ORDERED that the first order is reversed insofar as appealed from, on the law, those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant Robin D. Bertram and for an order of reference are denied, that branch of the motion of the defendant Robin D. Bertram which was pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned is granted, that branch of the motion of the defendant Robin D. Bertram which was pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him for lack of personal jurisdiction is denied as academic, and so much of the second order as granted those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant Robin D. Bertram and referred the matter to a referee to compute the amount due to the plaintiff on the mortgage loan is vacated; and it is further,
ORDERED that the appeal from the second order is dismissed as academic in light of our determination on the appeal from the first order; and it is further,
ORDERED that one bill of costs is awarded to the appellant.
In April 2011, the plaintiff commenced this action against the defendants Robin D. Bertram (hereinafter Robin) and
Claudette Bertram (hereinafter together the defendants), among others, to foreclose a mortgage on...
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