JP Morgan Chase Bank, Nat'l Ass'n v. Atedgi

• Decision Date: 13 June 2018
• Docket Number: 2016–00905,Index No. 14763/09
• Citation: 162 A.D.3d 756,79 N.Y.S.3d 81
• Parties: JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, etc., respondent, v. Moshe ATEDGI, et al., appellants, et al., defendants.
• Court: New York Supreme Court — Appellate Division

162 A.D.3d 756
79 N.Y.S.3d 81

JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, etc., respondent,
v.
Moshe ATEDGI, et al., appellants, et al., defendants.

2016–00905
Index No. 14763/09

Supreme Court, Appellate Division, Second Department, New York.

Argued—February 9, 2018
June 13, 2018

79 N.Y.S.3d 82

Joseph A. Altman, P.C., Bronx, NY, for appellants.

Parker Ibrahim & Berg LLC, New York, N.Y. (Melinda Colon Cox and Nicholas F. Spindler of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., JEFFREY A. COHEN, JOSEPH J. MALTESE, BETSY BARROS, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendants Moshe Atedgi and F.L.B. Custom Homes, Inc., appeal from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), dated September 15, 2015. The order, insofar as appealed from, upon denying the application of the defendant Moshe Atedgi to have the plaintiff's motion for, inter alia, summary judgment deemed abandoned, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Moshe Atedgi and F.L.B. Custom Homes, Inc., and for an order of reference.

79 N.Y.S.3d 83

ORDERED that the order is affirmed insofar as appealed from, with costs.

In December 2007, the defendant Moshe Atedgi executed a note in the sum of $525,000 in favor of Washington Mutual Bank, FA (hereinafter Washington Mutual). The note was secured by a mortgage on residential property located in Queens, which was executed by Atedgi as president of F.L.B. Custom Homes, Inc. (hereinafter FLB). In June 2009, JP Morgan Chase Bank, National Association, "as purchaser of the loans and other assets of Washington Mutual Bank, formerly known as Washington Mutual Bank, FA" (hereinafter the plaintiff), commenced this action against Atedgi and FLB (hereinafter together the appellants), among others, to foreclose the mortgage. The appellants served an answer in which they asserted the affirmative defense that the plaintiff lacked standing.

In April 2013, the plaintiff moved, inter alia, for summary judgment on the complaint and for an order of reference. The appellants opposed the motion. By decision dated July 1, 2013, the Supreme Court granted the motion and directed the plaintiff to "settle order." The decision was filed with the Queens County Clerk on July 9, 2013. Atedgi subsequently sought to have the plaintiff's motion deemed abandoned pursuant to 22 NYCRR 202.48(b) on the ground that the plaintiff failed to submit its proposed order for signature within 60 days after the July 1, 2013, decision was filed, as required by 22 NYCRR 202.48(a). The court rejected Atedgi's request. Thereafter, the plaintiff submitted its proposed order, and the court signed it on September 15, 2015. This appeal is from so much of the order dated September 15, 2015, as...