Bank of N.Y. Mellon v. Theobalds
| Decision Date | 30 May 2018 |
| Docket Number | 2015–11002,Index No. 700720/15,2015–11000 |
| Citation | 161 A.D.3d 1137,79 N.Y.S.3d 50 |
| Parties | BANK OF NEW YORK MELLON, etc., respondent, v. Phyllis THEOBALDS, et al., appellants, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
161 A.D.3d 1137
79 N.Y.S.3d 50
BANK OF NEW YORK MELLON, etc., respondent,
v.
Phyllis THEOBALDS, et al., appellants, et al., defendants.
2015–11000
2015–11002
Index No. 700720/15
Supreme Court, Appellate Division, Second Department, New York.
Argued—February 5, 2018
May 30, 2018
Biolsi Law Group, P.C., New York, N.Y. (Steven Alexander Biolsi, Forest Hills and Juan Paolo Dizon of counsel), for appellants.
Eckert Seamans Cherin & Mellott, LLC, White Plains, N.Y. (Jessica J. Yoo and Geraldine Cheverko, White Plains of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, ROBERT J. MILLER, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendants Phyllis Theobalds and Oral Theobalds appeal from two orders of the Supreme Court, Queens County (Thomas D. Raffaele, J.), both entered September 29, 2015. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against those defendants and for an order of reference. The second order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against those defendants and for an order of reference, and appointed a referee to ascertain and compute the amount due to the plaintiff.
ORDERED that the orders are affirmed insofar as appealed from, with one bill of costs.
The plaintiff commenced this mortgage foreclosure action in January 2015 against Phyllis Theobalds and Oral Theobalds (hereinafter together the defendants), among others. The defendants interposed a verified answer generally denying the allegations in the complaint and asserting various affirmative defenses, including lack of standing. Thereafter, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendants and for an order of reference. In two orders, both entered September 29, 2015, the Supreme Court granted the motion. The defendants appeal.
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