Deutsche Bank Nat'l Trust Co. v. Mladen, 2018–05557
| Decision Date | 30 October 2019 |
| Docket Number | Index No. 59086/16,2018–05557 |
| Citation | 111 N.Y.S.3d 335,176 A.D.3d 1170 |
| Parties | DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Respondent, v. Goran MLADEN, Appellant, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
176 A.D.3d 1170
111 N.Y.S.3d 335
DEUTSCHE BANK NATIONAL TRUST COMPANY, etc., Respondent,
v.
Goran MLADEN, Appellant, et al., Defendants.
2018–05557
Index No. 59086/16
Supreme Court, Appellate Division, Second Department, New York.
Submitted—June 3, 2019
October 30, 2019
Nathan M. Ferst, New York, NY, for appellant.
Leopold & Associates, PLLC (Greenberg Traurig, LLP, New York, N.Y. [Leah Jacob ], of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, BETSY BARROS, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Goran Mladen appeals from an order of the Supreme Court, Westchester County (David Everett, J.), dated April 11, 2018. The order, insofar as appealed from, denied that defendant's cross motion pursuant to CPLR 5015(a)(1) to vacate an order of reference dated February 2, 2017 (Orazio R. Bellantoni, J.), entered upon his failure to appear or answer the complaint, and for leave to serve a late answer, or, in the alternative, in effect, for summary judgment dismissing the complaint insofar as asserted against him for failure to comply with RPAPL 1304.
ORDERED that the order dated April 11, 2018, is affirmed insofar as appealed from, with costs.
In June 2016, the plaintiff commenced this action against, among others, the defendant Goran Mladen (hereinafter the defendant) to foreclose a mortgage. The defendant did not answer the complaint. As mandated by CPLR 3408(a), the plaintiff and the defendant, who was represented by former counsel, participated in settlement conferences in September and October 2016, but were unable to reach a resolution. The Supreme Court issued an order of reference dated February 2,
2017, upon the defendant's default. The plaintiff subsequently moved to confirm the referee's report and for a judgment of foreclosure and sale. The defendant opposed the motion and cross-moved pursuant to CPLR 5015(a)(1) to vacate the order of reference entered upon his default in answering the complaint and for leave to serve a late answer or, in the alternative, for summary judgment dismissing the complaint insofar as asserted against him for failure to comply with RPAPL 1304. In an order dated April 11, 2018, the court...
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