HSBC Bank United States, Nat'l Ass'n v. Masters
| Decision Date | 16 October 2019 |
| Docket Number | Index No. 15606/09,2016–12763 |
| Citation | 176 A.D.3d 926,108 N.Y.S.3d 359 (Mem) |
| Parties | HSBC BANK USA, NATIONAL ASSOCIATION, etc., Respondent, v. James MASTERS, etc., Appellant, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
176 A.D.3d 926
108 N.Y.S.3d 359 (Mem)
HSBC BANK USA, NATIONAL ASSOCIATION, etc., Respondent,
v.
James MASTERS, etc., Appellant, et al., Defendants.
2016–12763
Index No. 15606/09
Supreme Court, Appellate Division, Second Department, New York.
Submitted—February 26, 2019
October 16, 2019
Harvey Sorid, Uniondale, NY, for appellant.
Duane Morris LLP, New York, N.Y. (Brett L. Messinger of counsel), for respondent.
LEONARD B. AUSTIN, J.P., JEFFREY A. COHEN, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
On September 30, 2005, the defendant James Masters executed a note in the sum of $430,000 in favor of Fremont Investment & Loan. The note was secured by a mortgage on certain real property located
in Seaford. The mortgage was subsequently assigned to the plaintiff. In August 2009, the plaintiff commenced this action to foreclose the mortgage. Masters defaulted in answering the complaint. On June 1, 2012, the case was marked "disposed" due to inactivity.
Thereafter, on January 12, 2016, the plaintiff moved, inter alia, to restore the action to the calendar and for an order of reference pursuant to RPAPL 1321. In support of its motion, the plaintiff submitted, among other things, the mortgage, the unpaid note, which was endorsed in blank, the assignment of the mortgage to the plaintiff, the complaint, the affidavit of a representative of its servicing agent attesting to Masters's default, and evidence that Masters failed to answer the complaint within the time allowed. Masters opposed the plaintiff's motion and cross-moved for summary judgment dismissing the complaint insofar as asserted against him. In an order entered August 30, 2016, the Supreme Court granted the plaintiff's motion and, in effect, denied Masters's cross motion. Masters appeals from so much of the order as granted that branch of the plaintiff's motion which was for an order of reference...
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