Bank of N.Y. Mellon v. Ahmed
| Decision Date | 11 March 2020 |
| Docket Number | 2017–01254,2017–11744,Index No. 602169/15,2017–01253 |
| Citation | 121 N.Y.S.3d 114,181 A.D.3d 634 |
| Parties | BANK OF NEW YORK MELLON, Respondent, v. Monowar AHMED, Appellant, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
181 A.D.3d 634
121 N.Y.S.3d 114
BANK OF NEW YORK MELLON, Respondent,
v.
Monowar AHMED, Appellant, et al., Defendants.
2017–01253
2017–01254
2017–11744
Index No. 602169/15
Supreme Court, Appellate Division, Second Department, New York.
Submitted—November 12, 2019
March 11, 2020
Martin Silver, P.C., Hauppauge, N.Y. (Eric H. Holtzman of counsel), for appellant.
Fein, Such & Crane, LLP, Westbury, N.Y. (Michael S. Hanusek and Richard Femano of counsel), for respondent.
RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
ORDERED that the orders dated November 22, 2016, are reversed insofar as appealed from, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Monowar Ahmed, to strike that defendant's answer, and for an order of reference are denied, that defendant's cross motion for summary judgment dismissing the complaint insofar as asserted against him is granted, and the order dated September 26, 2017, is vacated; and it is further,
ORDERED that the appeal from the order dated September 26, 2017, is dismissed as academic in light of our determination on the appeals from the orders dated November 22, 2016; and it is further,
ORDERED that one bill of costs is awarded to the defendant Monowar Ahmed.
In 2006, the plaintiff commenced an action to foreclose a mortgage on premises located in Lake Grove and owned by the defendant Monowar Ahmed (hereinafter the defendant). That action was voluntarily discontinued by stipulation. The plaintiff then commenced the instant foreclosure action on or about March 4, 2015. The defendant answered, asserting expiration of the statute of limitations as an affirmative defense. The plaintiff thereafter moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant, to strike the defendant's answer, and for an order of reference, and the defendant cross-moved for summary judgment dismissing the complaint insofar as asserted against him as time-barred. By two orders dated November 22, 2016, the Supreme Court, inter alia, granted those branches of the plaintiff's motion which were for...
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