Bank of Am., N.A. v. Shami
| Decision Date | 19 June 2019 |
| Docket Number | 2017–00541,2017–00542,Index No. 8372/08 |
| Citation | 173 A.D.3d 954,104 N.Y.S.3d 719 |
| Court | New York Supreme Court — Appellate Division |
| Parties | BANK OF AMERICA, N.A., Respondent, v. Solomon E. SHAMI, Appellant, et al., Defendants. |
173 A.D.3d 954
104 N.Y.S.3d 719
BANK OF AMERICA, N.A., Respondent,
v.
Solomon E. SHAMI, Appellant, et al., Defendants.
2017–00541
2017–00542
Index No. 8372/08
Supreme Court, Appellate Division, Second Department, New York.
June 19, 2019
Argued—February 19, 2019
Lawrence Katz, Valley Stream, NY, for appellant.
McCabe, Weisberg & Conway, LLC, New Rochelle, N.Y. (Allison Sanders and Mars Khaimov of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Solomon E. Shami appeals from (1) an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered September 20, 2016, and (2) an order of the same court entered October 3, 2016. The order entered September 20, 2016, insofar as appealed from, granted those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant Solomon E. Shami
and for an order of reference, and denied the cross motion of the defendant Solomon E. Shami pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned. The order entered October 3, 2016, insofar as appealed from, granted those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant Solomon E. Shami and for an order of reference, denied the cross motion of the defendant Solomon E. Shami pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned, and appointed a referee to compute the amount due on the mortgage loan.
ORDERED that the order entered September 20, 2016, 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 Solomon E. Shami and for an order of reference are denied, the cross motion of the defendant
Solomon E. Shami pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against him as abandoned is granted, and so much of the order entered October 3, 2016, as granted those branches of the plaintiff's motion, denied the cross motion, and appointed a referee to compute the amount due on the mortgage loan is vacated; and it is further,
ORDERED that the appeal from the order entered October 3, 2016, is dismissed as academic in light of our determination on the appeal from the order entered September 20, 2016; and it is further,
ORDERED that one bill of costs is awarded to the appellant.
In May 2008, the plaintiff commenced this action to foreclose a mortgage against Solomon E. Shami (hereinafter the...
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