Hsbc Bank Usa, N.A. v. Betts
| Decision Date | 10 November 2009 |
| Docket Number | 2008-05101. |
| Citation | 2009 NY Slip Op 08180,888 N.Y.S.2d 203,67 A.D.3d 735 |
| Parties | HSBC BANK USA, N.A., Appellant, v. JUSTINE BETTS, Respondent, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Ordered that on the Court's own motion, the notice of appeal from the order is deemed an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further Ordered that the order is modified, on the law, by deleting the provisions thereof conditioning the grant of leave to renew upon presentation by the plaintiff of an affidavit of Scott Anderson describing his employment history for the past three years, and of an affidavit from an officer of the plaintiff explaining why it purchased a nonperforming loan from Delta Funding Corporation, and why it shares office space at Suite 100, 1661 Worthington Road, West Palm Beach, Florida, with Ocwen Federal Bank FSB, Mortgage Electronic Registration Systems, Inc., Deutsche Bank, and Goldman Sachs; as so modified, the order is affirmed, without costs or disbursements.
The Supreme Court providently exercised its discretion in denying the plaintiff's application for leave to enter a default judgment against the defendant Justine Betts and for an order of reference. Where, as here, a foreclosure...
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