Lasalle Bank Nat'l Ass'n v. Carlton
| Decision Date | 27 April 2022 |
| Docket Number | 2018–07740,Index No. 1062/08 |
| Citation | 204 A.D.3d 985,165 N.Y.S.3d 325 (Mem) |
| Parties | LASALLE BANK NATIONAL ASSOCIATION, etc., respondent, v. Sharon CARLTON, appellant, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
204 A.D.3d 985
165 N.Y.S.3d 325 (Mem)
LASALLE BANK NATIONAL ASSOCIATION, etc., respondent,
v.
Sharon CARLTON, appellant, et al., defendants.
2018–07740
Index No. 1062/08
Supreme Court, Appellate Division, Second Department, New York.
Argued—November 5, 2021
April 27, 2022
The Rosenfeld Law Office, Lawrence, NY (Avinoam Y. Rosenfeld of counsel), for appellant.
McCalla Raymer Leibert Pierce, LLC, New York, NY (Jane H. Torcia of counsel), for respondent.
HECTOR D. LASALLE, P.J., COLLEEN D. DUFFY, WILLIAM G. FORD, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Sharon Carlton appeals from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Queens County (Mojgan C. Lancman, J.), entered April 4, 2018. The order and judgment of foreclosure and sale, upon an order of the same court (Cheree´ A. Buggs, J.) entered July 13, 2017, inter alia, granting those branches of the plaintiff's motion which were for leave to enter a default judgment
against the defendant Sharon Carlton and for an order of reference, granted the plaintiff's motion to confirm a report of the referee and for a judgment of foreclosure and sale, confirmed the report of the referee, and directed the sale of the real property at issue.
ORDERED that the order and judgment of foreclosure and sale is reversed, on the law and in the exercise of discretion, with costs, those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant Sharon Carlton and for an order of reference are denied, the plaintiff's motion to confirm the report of the referee and for a judgment of foreclosure and sale is denied, the complaint is dismissed as abandoned pursuant to CPLR 3215(c), and the order entered July 13, 2017, is modified accordingly.
In January 2008, the plaintiff commenced this action against,
among others, the defendant Sharon Carlton (hereinafter the defendant) to foreclose a mortgage securing real property owned by the defendant in Queens (hereinafter the premises). The plaintiff alleged that the defendant had defaulted under the terms of a note and mortgage agreement that she had entered into in connection with her purchase of the premises. The complaint also alleged that, after a series of assignments, the mortgage was assigned to the plaintiff. The defendant failed to answer...
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