CitiMortgage, Inc. v. Bredehorn, 2015–11384

• Court: New York Supreme Court Appellate Division
• Citation: 160 A.D.3d 803,76 N.Y.S.3d 88
• Docket Number: 2015–11384,Index No. 687/14
• Parties: CITIMORTGAGE, INC., etc., respondent, v. Dorothy BREDEHORN, appellant, et al., defendants.
• Decision Date: 18 April 2018

160 A.D.3d 803
76 N.Y.S.3d 88

CITIMORTGAGE, INC., etc., respondent,
v.
Dorothy BREDEHORN, appellant, et al., defendants.

2015–11384
Index No. 687/14

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

Submitted—December 18, 2017
April 18, 2018

Christopher Thompson, West Islip, NY, for appellant.

David A. Gallo & Associates, LLP, Rego Park, N.Y. (Jonathan M. Cohen of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Dorothy Bredehorn appeals from an order of the Supreme Court, Suffolk County (Joseph A. Santorelli, J.), dated April 27, 2015. The order (1) granted that branch of the plaintiff's motion which was, in effect, for leave to renew its prior motion to amend the caption by substituting Federal National Mortgage Association as the plaintiff and, upon renewal, granted the prior motion, and (2) granted that branch of the plaintiff's motion which was to amend the caption to omit George Bredehorn as a defendant.

ORDERED that the order is reversed, on the law and in the exercise of discretion, with costs, and the plaintiff's motion is denied.

In October 2007, the defendant Dorothy Bredehorn (hereinafter the appellant) and her husband, the defendant George Bredehorn, executed a promissory note in the sum of $356,000 encumbering real property located in Amityville. The Bredehorns defaulted on the loan by failing to make

76 N.Y.S.3d 89

the monthly installment payment due December 1, 2009. George Bredehorn died on December 21, 2012. In January 2014, the plaintiff commenced this action to foreclose the mortgage against the appellant and George Bredehorn, and any other persons or entities claiming an interest in the property.

In August 2014, the plaintiff moved to amend the caption to substitute Federal National Mortgage Association (hereinafter FNMA) as the plaintiff. In November 2014, the Supreme Court denied the plaintiff's motion with leave to...