Deutsche Bank Nat'l Trust Co. v. Charles
| Decision Date | 05 August 2020 |
| Docket Number | 2017-08920,Index No. 21061/12 |
| Parties | DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Respondent, v. Oneka CHARLES, etc., et al., Defendants, Vista Holding, LLC, Appellant. |
| Court | New York Supreme Court — Appellate Division |
186 A.D.3d 454
129 N.Y.S.3d 172
DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Respondent,
v.
Oneka CHARLES, etc., et al., Defendants,
Vista Holding, LLC, Appellant.
2017-08920
Index No. 21061/12
Supreme Court, Appellate Division, Second Department, New York.
Argued - February 4, 2020
August 5, 2020
Warner & Scheuerman, New York, N.Y. (Jonathon D. Warner and Karl E. Scheuerman of counsel), for appellant.
Duane Morris LLP, New York, N.Y. (Brett L. Messinger and Stuart Siden of counsel), for respondent.
MARK C. DILLON, J.P., ROBERT J. MILLER, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Vista Holding, LLC, appeals from an order of the Supreme Court, Kings County (Debra Silber, J.), dated May 17, 2017. The order,
insofar as appealed from, (1), upon reargument, adhered to a prior determination in an order of the same court dated November 14, 2016, granting that branch of the plaintiff's motion which was for an order of reference, and denying the cross motion of the defendant Vista Holding, LLC, pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against it as abandoned, and (2) denied that branch of the motion of the defendant Vista Holding, LLC, which was to vacate an order of reference of the same court dated November 14, 2016.
ORDERED that the order dated May 17, 2017, is reversed insofar as appealed from, on the law, with costs, (1), upon reargument, the determination in the order dated November 14, 2016, granting that branch of the plaintiff's motion which was for an order of reference, and denying the cross motion of the defendant Vista Holding, LLC, pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against it as abandoned is vacated, that branch of the plaintiff's motion which was for an order of reference is denied, and the cross motion of the defendant Vista Holding, LLC, pursuant to CPLR 3215(c) to dismiss the complaint insofar as asserted against it as abandoned is granted, and (2) that branch of the motion of the defendant Vista Holdings, LLC, which was to vacate the order of reference dated November 14, 2016, is granted.
In October 2012, the plaintiff commenced this action to foreclose a mortgage. In an amended complaint, the plaintiff alleged that the mortgagor, Oneka Charles, had borrowed the sum of $444,000 in 2006. The loan was memorialized in a note and secured by a mortgage encumbering certain real property. The amended complaint alleged that Charles had defaulted under the terms of the note by failing to make required monthly payments since May 2007. The record indicates that Charles transferred the subject property to the defendant Vista Holding, LLC (hereinafter Vista), sometime in 2008. The amended complaint named Vista as a defendant and alleged that Vista was joined as a necessary party as it "own[ed] the equity of redemption herein foreclosed" and it "[would] be liable for any deficiency judgment as may be directed by [the] Court."
Vista was served with the summons and complaint on October 30, 2012, and with the supplemental summons and amended complaint on April 29, 2013. It is undisputed that Vista did not interpose an answer to the complaint or the amended complaint. By notice of motion dated March 11, 2016, the plaintiff moved, inter...
To continue reading
Request your trial
-
U.S. Bank Nat'l Ass'n v. Westchester Cnty. Pub. Adm'r ex rel. Hack
...Home Loans Servicing, LP v. Broskie, 166 A.D.3d 842, 843, 85 N.Y.S.3d 884, quoting CPLR 3215[c] ; see Deutsche Bank Natl. Trust Co. v. Charles, 186 A.D.3d 454, 456, 129 N.Y.S.3d 172 ). "The language of CPLR 3215(c) is not, in the first instance, discretionary, but mandatory, inasmuch as cou......
-
126-128 W. LLC v. Harleysville Worcester Ins. Co.
... ... & LIABILITY GROUP ACCIDENT AND HEALTH INSURANCE TRUST, STARR INDEMNITY & LIABILITY BLANKET ACCIDENT AND HEALTH ... v ... Kemper Natl. Ins. Cos. , 303 A.D.2d 245, 246 [1st Dept ... circumstances ( see Stutman v Chemical Bank , 95 ... N.Y.2d 24, 29 [2000]). Where the conduct ... ...
-
Wells Fargo Bank, N.A. v. Jackson
...a reasonable excuse (see United States Bank N.A. v. Moster, 196 A.D.3d at 665, 152 N.Y.S.3d 459 ; Deutsche Bank Natl. Trust Co. v. Charles, 186 A.D.3d 454, 457, 129 N.Y.S.3d 172 ). The plaintiff failed to show how its motion practice related to that co-defendant hindered it from timely taki......
-
U.S. Bank Nat'l Ass'n v. Moster
...are not sought within the requisite one-year period, as those claims are then deemed abandoned" ( Deutsche Bank Natl. Trust Co. v. Charles, 186 A.D.3d 454, 456, 129 N.Y.S.3d 172 [internal quotation marks omitted]; Giglio v. NTIMP, Inc., 86 A.D.3d 301, 307–308, 926 N.Y.S.2d 546 ). "The one e......