Nationstar Mortg., LLC v. LaPorte, 2016–01171
| Citation | 79 N.Y.S.3d 70,162 A.D.3d 784 |
| Decision Date | 13 June 2018 |
| Docket Number | 2016–01172,Index No. 5917/14,2016–01171 |
| Parties | NATIONSTAR MORTGAGE, LLC, respondent, v. Carole LAPORTE, appellant, et al., defendants. |
| Court | New York Supreme Court Appellate Division |
162 A.D.3d 784
79 N.Y.S.3d 70
NATIONSTAR MORTGAGE, LLC, respondent,
v.
Carole LAPORTE, appellant, et al., defendants.
2016–01171
2016–01172
Index No. 5917/14
Supreme Court, Appellate Division, Second Department, New York.
Argued—February 13, 2018
June 13, 2018
Harvey Sorid, Uniondale, NY, for appellant.
Shapiro, DiCaro, Barak, LLC (Sandelands Eyet LLP, New York, N.Y. [Margaret S. Stefandl], of counsel), for respondent.
RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Carole LaPorte appeals from two orders of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered October 13, 2015, and October 15, 2015, respectively. The order entered October 13, 2015, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Carole LaPorte and for an order of reference. The order entered October 15, 2015, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Carole LaPorte and for an order of reference, struck her answer, and appointed a referee to compute the amount due to the plaintiff.
ORDERED that the appeal from the order entered October 13, 2015, is dismissed, as the portions of the order appealed from were superseded by the order entered October 15, 2015; and it is further,
ORDERED that the order entered October 15, 2015, is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to the plaintiff.
The plaintiff commenced this mortgage foreclosure action against the defendant Carole LaPorte (hereinafter the defendant), among others. The defendant interposed an answer with various affirmative defenses, including the plaintiff's failure to comply with RPAPL 1304 and its lack of standing to commence the action. Thereafter, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant and for an order of reference. The defendant opposed the motion, and cross-moved for summary judgment dismissing the complaint insofar as asserted against her. By order entered October 13, 2015, the Supreme Court, among other things, granted those branches of the plaintiff's motion and denied the defendant's cross motion. By order entered October 15, 2015, the court, inter alia, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant and for an order of reference, struck her answer, and appointed a referee to compute the amount due to the plaintiff. The defendant appeals, arguing that the court should have denied those branches of the plaintiff's motion which were for summary judgment...
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