Deutsche Bank Nat'l Trust Co. v. Islar
| Decision Date | 05 November 2014 |
| Docket Number | 2013-06996 |
| Citation | 996 N.Y.S.2d 130,2014 N.Y. Slip Op. 07468,122 A.D.3d 566 |
| Court | New York Supreme Court — Appellate Division |
| Parties | DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., appellant, v. Norris ISLAR, respondent, et al., defendants. |
122 A.D.3d 566
996 N.Y.S.2d 130
2014 N.Y. Slip Op. 07468
DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., appellant
v.
Norris ISLAR, respondent, et al., defendants.
2013-06996
Supreme Court, Appellate Division, Second Department, New York.
Nov. 5, 2014.
Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, N.Y. (Joseph F. Battista of counsel), for appellant.
WILLIAM F. MASTRO, J.P., PETER B. SKELOS, SHERI S. ROMAN, and JOSEPH J. MALTESE, JJ.
Opinion
In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated April 8, 2013, as denied those branches of its motion which were for summary judgment on the complaint, to strike the answer of the defendant Norris Islar, for an order of reference, and to amend the caption to substitute Lisa Mathis and Mrs. Johnson as party defendants instead of the defendants sued as “John Doe # 1” and “John Doe # 2” and delete the defendants sued as “John Doe # 3” through “John Doe # 10.”
ORDERED that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and those branches of the plaintiff's motion which were for summary judgment on the complaint, to strike the answer of the defendant Norris Islar, for an order of reference, and to amend the caption to substitute Lisa Mathis and Mrs. Johnson as party defendants instead of the defendants sued as “John Doe # 1” and “John Doe # 2” and delete the defendants sued as “John Doe # 3” through “John Doe # 10” are granted; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Kings County, for further proceedings before a different Justice.
The Supreme Court denied that branch of the plaintiff's motion which was for summary judgment on the complaint on the ground that the plaintiff had failed to establish its standing to foreclose the subject mortgage. Where, as here, the defendants in a mortgage...
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