CitiMortgage, Inc. v. McKenzie
| Decision Date | 23 May 2018 |
| Docket Number | 2016–00131,Index No. 11169/13 |
| Citation | 161 A.D.3d 1040,78 N.Y.S.3d 200 |
| Parties | CITIMORTGAGE, INC., respondent, v. John A. MCKENZIE, et al., appellants, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
161 A.D.3d 1040
78 N.Y.S.3d 200
CITIMORTGAGE, INC., respondent,
v.
John A. MCKENZIE, et al., appellants, et al., defendants.
2016–00131
Index No. 11169/13
Supreme Court, Appellate Division, Second Department, New York.
Submitted—January 22, 2018
May 23, 2018
John A. McKenzie, New York, NY, and Sacha Singh, Baldwin, NY, appellants pro se.
Akerman LLP, New York, N.Y. (Jordan M. Smith of counsel), for respondent.
SHERI S. ROMAN, J.P., HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendants John A. McKenzie and Sacha Singh appeal from an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered November 4, 2015. The order granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants John A. McKenzie and Sacha Singh and to appoint a referee, and denied the cross motion of the defendants John A. McKenzie and Sacha Singh for summary judgment dismissing the complaint insofar as asserted against them.
ORDERED that the order is affirmed, with costs.
In August 2010, the defendants John A. McKenzie and Sacha Singh (hereinafter together the defendants) executed a note in the sum of $360,150 in favor of Cole Taylor Bank, an Illinois Chartered Bank, which was secured by a mortgage encumbering real property in Baldwin. In September 2013, the plaintiff commenced this action to foreclose the mortgage, alleging that the defendants defaulted under the terms of the note by failing to make the payment due on June 1, 2012, and all payments due thereafter. The defendants served an answer asserting affirmative defenses, including that the plaintiff failed to comply with RPAPL 1304 and lacked standing to commence the action. Thereafter, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendants and to appoint a referee. The defendants cross-moved for summary judgment dismissing the complaint insofar as asserted against them, arguing that the plaintiff lacked standing and failed to strictly comply with RPAPL 1304. In the order appealed from, the Supreme Court granted those branches of the plaintiff's motion and denied the defendants' cross motion. The defendants appeal.
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