PNC Bank, Nat'l Ass'n v. Klein
Decision Date | 25 February 2015 |
Citation | 125 A.D.3d 953,5 N.Y.S.3d 439,2015 N.Y. Slip Op. 01624 |
Parties | PNC BANK, NATIONAL ASSOCIATION, etc., respondent, v. Aaron KLEIN, appellant, et al., defendants. |
Court | New York Supreme Court — Appellate Division |
Menashe & Associates, LLP, Montebello, N.Y. (Chezki Menashe of counsel), for appellant.
McCabe, Weisenberg & Conway, P.C., New Rochelle, N.Y. (Matthew Russell of counsel), for respondent.
MARK C. DILLON, J.P., THOMAS A. DICKERSON, JEFFREY A. COHEN, and BETSY BARROS, JJ.
In an action to foreclose a mortgage, the defendant Aaron Klein appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Kelly, J.), dated October 8, 2013, as, upon, in effect, reargument, adhered to its original determination in an order of the same court dated September 4, 2013, inter alia, granting the plaintiff's motion for summary judgment.
ORDERED that the order dated October 8, 2013, is affirmed insofar as appealed from, with costs.
The defendant Aaron Klein executed a note and mortgage to secure a loan of $195,000 from the original lender, National City Mortgage Co., doing business as Commonwealth United Mortgage Company. The plaintiff, PNC Bank, National Association (hereinafter PNC), successor by merger to National City Bank, successor by merger to National City Mortgage Co., doing business as Commonwealth United Mortgage Company, commenced this action to foreclose the mortgage after Klein allegedly defaulted in repayment. In his pro se answer, Klein asserted, as a defense, that PNC lacked standing. PNC moved for summary judgment and for the appointment of a referee to hear and compute the amount allegedly due to it. In an order dated September 4, 2013, the Supreme Court granted PNC's motion, but the order was silent as to whether the court had considered any opposition papers in determining PNC's motion. Klein moved, in effect, for leave to reargue and thereupon to vacate the order dated September 4, 2013, contending that he had timely filed papers in opposition to PNC's motion but that, due to an anomaly with respect to the time stamp affixed by the clerk of the court to those papers, the court had apparently not considered those papers in determining the motion. In support of his motion, Klein submitted a copy of the subject opposition papers. The Supreme Court, in effect, granted leave to reargue and determined to consider all evidence, submissions, and issues de novo, regardless of whether Klein's papers in opposition to PNC's motion had been timely submitted. Upon de novo review, the court adhered to its original...
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