Bac Home Loans Servicing, L.P. v. Kirnon

• Decision Date: 03 June 2020
• Docket Number: Index No. 4505/08,2018–02296
• Citation: 123 N.Y.S.3d 522 (Mem),184 A.D.3d 547
• Parties: BAC HOME LOANS SERVICING, L.P., etc., Plaintiff, v. Kevin KIRNON, Defendant, Teresa Williams, Appellant; PMT NPL Financing 2014–1, Nonparty-Respondent.
• Court: New York Supreme Court — Appellate Division

184 A.D.3d 547
123 N.Y.S.3d 522 (Mem)

BAC HOME LOANS SERVICING, L.P., etc., Plaintiff,
v.
Kevin KIRNON, Defendant, Teresa Williams, Appellant; PMT NPL Financing 2014–1, Nonparty-Respondent.

2018–02296
Index No. 4505/08

Supreme Court, Appellate Division, Second Department, New York.

Submitted - January 31, 2020
June 3, 2020

Petroff Amshen LLP, Brooklyn, N.Y. (Serge F. Petroff, James Tierney, and Steven Amshen of counsel), for appellant.

Davidson Fink LLP, Rochester, N.Y. (Larry T. Powell of counsel), for nonparty—respondent.

WILLIAM F. MASTRO, J.P., JEFFREY A. COHEN, LINDA CHRISTOPHER, PAUL WOOTEN, JJ.

DECISION & ORDER

184 A.D.3d 548

In a consolidated action to foreclose a mortgage, the defendant Teresa Williams appeals from a judgment of foreclosure and sale of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered December 6, 2017. The judgment of foreclosure and sale, upon an order of the same court, also entered December 6, 2017, inter alia, granting that branch of the plaintiff's motion which was for a judgment of foreclosure and sale, and denying the cross motion of the defendant Teresa Williams pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against her as abandoned, inter alia, directed the sale of the subject property.

ORDERED that the judgment of foreclosure and sale is reversed, on the law, with costs, that branch of the plaintiff's motion which was for a judgment of foreclosure and sale is denied, the cross motion of the defendant Teresa Williams pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against her as abandoned

123 N.Y.S.3d 523

is granted, and the order entered December 6, 2017, is modified accordingly.

The plaintiff commenced an action in March 2008, under Index No. 4505/08, against Teresa Williams (hereinafter the defendant), among others, to foreclose a mortgage (hereinafter the 2008 action). An order of reference was issued in July 2008, and a judgment of foreclosure and sale was subsequently entered...