Jpmorgan Chase Bank, Nat'l Ass'n v. Simonsen

• Docket Number: 2019–01577,Index No. 11585/13
• Decision Date: 14 September 2022
• Parties: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, respondent, v. Chris SIMONSEN, etc., appellant, et al., defendants.
• Court: New York Supreme Court — Appellate Division

208 A.D.3d 1167
175 N.Y.S.3d 244

JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, respondent,
v.
Chris SIMONSEN, etc., appellant, et al., defendants.

2019–01577
Index No. 11585/13

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

Submitted—May 3, 2022
September 14, 2022

175 N.Y.S.3d 245

Thomas A. Sirianni (J. Douglas Barics, Commack, NY, of counsel), for appellant.

Knuckles, Komosinski & Manfro, LLP, Elmsford, N.Y. (Louis A. Levithan of counsel), for respondent.

MARK C. DILLON, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, LARA J. GENOVESI, JJ.

DECISION & ORDER

208 A.D.3d 1167

In an action to foreclose a mortgage, the defendant Chris Simonsen appeals from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered March 25, 2019. The order and judgment of foreclosure and sale, upon an order of the same court entered December 19, 2018, denying the motion of the

208 A.D.3d 1168

defendant Chris Simonsen, in effect, to vacate an order of same court entered October 27, 2016, granting the plaintiff's unopposed motion, inter alia, for summary judgment on the complaint insofar as asserted against him and for an order of reference, granted the plaintiff's motion for a judgment of foreclosure and sale and directed the sale of the subject property.

ORDERED that the order and judgment of foreclosure and sale is reversed, on the law, with costs, the motion of the defendant Chris Simonsen, in effect, to vacate the order entered October 27, 2016, is granted, the plaintiff's motion for a judgment of foreclosure and sale is denied, and the order entered December 19, 2018, is modified accordingly.

In September 2013, the plaintiff commenced this action to foreclose a mortgage against, among others, the defendant Chris Simonsen. Thomas A. Sirianni was retained as counsel for Simonsen. On September 10, 2014, Sirianni was suspended

175 N.Y.S.3d 246

from the practice of law for a period of two years (see Matter of Sirianni, 123 A.D.3d 8, 992 N.Y.S.2d 528 ). The period of suspension commenced on October 28, 2014.

On June 5, 2015, Sirianni moved pursuant to CPLR 321(b)(2) for leave to withdraw as counsel for Simonsen, citing his suspension from the practice of law. In an order entered October 21, 2015 (hereinafter the withdrawal order), the Supreme Court granted the motion, directed Simonsen to retain new counsel or elect to proceed pro se within 30 days of the entry of the order, and stated that the plaintiff may proceed with the foreclosure action.

Thereafter, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against Simonsen and for an order of reference. In an order entered October 27, 2016 (hereinafter the summary judgment order), the Supreme Court granted the motion without opposition.

Sirianni was subsequently reinstated as an attorney and counselor-at-law (see Matter of Sirianni, 158 A.D.3d 809, 68 N.Y.S.3d 919 ). Thereafter,...