Bank of N.Y. Mellon Trust Co., Nat'l Ass'n v. Balash
| Decision Date | 21 December 2017 |
| Docket Number | 525290 |
| Citation | 156 A.D.3d 1203,68 N.Y.S.3d 163 |
| Parties | The BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, Formerly Known as The Bank of New York Trust Company, N.A., as Successor to JPMorgan Chase Bank N.A., as Trustee, Respondent, v. Anna BALASH, Appellant. |
| Court | New York Supreme Court — Appellate Division |
156 A.D.3d 1203
68 N.Y.S.3d 163
The BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, Formerly Known as The Bank of New York Trust Company, N.A., as Successor to JPMorgan Chase Bank N.A., as Trustee, Respondent,
v.
Anna BALASH, Appellant.
525290
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: November 20, 2017
Decided and Entered: December 21, 2017
Sipsas PC, Astoria (Ioannis P. Sipsas of counsel), for appellant.
Hinshaw & Culbertson LLP, New York City (Benjamin Noren of counsel), for respondent.
Before: McCarthy, J.P., Rose, Devine, Mulvey and Rumsey, JJ.
MEMORANDUM AND ORDER
Mulvey, J.
Appeals (1) from a judgment of the Supreme Court (Nichols, J.), entered August 5, 2016 in Columbia County, which, among other things, granted plaintiff's motion for a judgment of foreclosure and sale, and (2) from an order of said court, entered January 25, 2017 in Columbia County, which denied defendant's motion to reargue and/or renew.
Plaintiff commenced this foreclosure action against defendant in July 2012. Defendant was served with the summons and complaint on August 1, 2012 and failed to either serve an answer or file a motion to dismiss the complaint. In November 2015, plaintiff moved for an order of reference based upon defendant's default. Defendant acknowledged receipt of that motion and filed an "affidavit in opposition" in which she declared, among other things, that she was "never properly served" and that plaintiff lacked standing. Supreme Court granted plaintiff's motion, finding that defendant had not answered, moved or appeared with respect to the complaint. In May 2016, plaintiff moved for final judgment of foreclosure and sale. Defendant filed an affidavit in opposition and plaintiff replied. The court granted plaintiff's motion, in an order entered in August 2016, and ordered, among other things, that the property be sold at a public auction. In October 2016, defendant moved for leave to renew and reargue, asserting again that she was not properly served with the summons and complaint and that plaintiff lacked standing. Supreme Court denied...
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