Nationstar Mortg., LLC v. Gross
| Decision Date | 26 January 2022 |
| Docket Number | 2018–01395, 2018–03864,Index No. 3369/08 |
| Citation | 201 A.D.3d 942,157 N.Y.S.3d 756 (Mem) |
| Parties | NATIONSTAR MORTGAGE, LLC, plaintiff, v. Sye GROSS, et al., appellants, et al., defendants; Aurora Loan Services, LLC, nonparty-respondent. |
| Court | New York Supreme Court — Appellate Division |
201 A.D.3d 942
157 N.Y.S.3d 756 (Mem)
NATIONSTAR MORTGAGE, LLC, plaintiff,
v.
Sye GROSS, et al., appellants, et al., defendants;
Aurora Loan Services, LLC, nonparty-respondent.
2018–01395, 2018–03864
Index No. 3369/08
Supreme Court, Appellate Division, Second Department, New York.
Argued—November 19, 2021
January 26, 2022
Eran Regev, Manhasset, NY, for appellants.
Knuckles, Komosinski & Manfro, LLP, Elmsford, NY (Adam Wynn of counsel), for nonparty-respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, WILLIAM G. FORD, DEBORAH A. DOWLING, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendants Sye Gross and Goldie Gross appeal from (1) an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated
November 15, 2017, and (2) an order of the same court dated December 27, 2017. The order dated November 15, 2017, insofar as appealed from, in effect, granted those branches of the motion of nonparty Aurora Loan Services, LLC, which were for leave to enter a default judgment against the defendants Sye Gross and Goldie Gross, to amend the caption to substitute Nationstar Mortgage, LLC, as the plaintiff in the action, and for an order of reference, and denied that branch of those defendants’ cross motion which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted
against them. The order dated December 27, 2017, insofar as appealed from, granted the same relief to nonparty Aurora Loan Services, LLC, amended the caption to substitute Nationstar Mortgage, LLC, as the plaintiff in the action, and referred the matter to a referee to ascertain and compute the amount due.
ORDERED that the appeal from so much of the order dated November 15, 2017, as granted those branches of the motion of nonparty Aurora Loan Services, LLC, which were for leave to enter a default judgment against the defendants Sye Gross and Goldie Gross, to amend the caption to substitute Nationstar Mortgage, LLC, as the plaintiff in the action, and for an order of reference, is dismissed, as that portion of the order was superseded by the order dated December 27, 2017; and it is further,
ORDERED that the order dated November 15, 2017, is affirmed insofar as reviewed; and it is further,
ORDERED that the order dated December 27, 2017, is affirmed insofar as appealed from; and it is further,
ORDERED that one bill of costs is awarded to nonparty Aurora Loan Services, LLC.
On January 30, 2008, Aurora Loan Services, LLC (hereinafter Aurora), commenced this action against the defendants Sye Gross and Goldie Gross (hereinafter together the defendants), among others, to foreclose a consolidated mortgage on certain residential property located in Brooklyn. The defendants did not timely appear or answer the complaint.
By notice of motion dated June 5, 2017, Aurora moved, inter alia, for leave to enter a default...
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