U.S. Bank Nat'l Ass'n v. Offley
| Decision Date | 27 March 2019 |
| Docket Number | 2016–05948,2017–01473,Index No. 11416/13 |
| Parties | U.S. BANK NATIONAL ASSOCIATION, etc., Respondent, v. Janice OFFLEY, Appellant, et al., Defendant. |
| Court | New York Supreme Court — Appellate Division |
170 A.D.3d 1240
97 N.Y.S.3d 307
U.S. BANK NATIONAL ASSOCIATION, etc., Respondent,
v.
Janice OFFLEY, Appellant, et al., Defendant.
2016–05948
2017–01473
Index No. 11416/13
Supreme Court, Appellate Division, Second Department, New York.
March 27, 2019
Submitted—December 7, 2018
Lester & Associates, P.C., Garden City, N.Y. (Gabriel R. Korinman of counsel), for appellant.
Hogan Lovells U.S. LLP, New York, N.Y. (David Dunn, Chava Brandriss, and Benjamin P. Jacobs of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JEFFREY A. COHEN, JOSEPH J. MALTESE, HECTOR D. LASALLE, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Janice Offley appeals from (1) an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered November 6, 2015, and (2) an order of the same court entered March 18, 2016. The order entered November 6, 2015, among other things, granted those branches of the plaintiff's motion which were for summary judgment on the complaint and to appoint a referee to compute the amount due and owing to the plaintiff. The order entered March 18, 2016, insofar as appealed from, inter alia, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Janice Offley, to strike that defendant's answer, and to appoint a referee to compute.
ORDERED that the appeal from the order entered November 6, 2015, is dismissed, as that order was superseded by the order entered March 18, 2016; and it is further,
ORDERED that the order entered March 18, 2016, is reversed insofar as appealed from, on the law, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Janice Offley, to strike that defendant's answer, and to appoint a referee to compute are denied, and so much of the order entered November 6, 2015, as granted those branches of the plaintiff's motion is vacated; and it is further,
ORDERED that one bill of costs is awarded to the defendant Janice Offley.
On March 14, 2006, the defendant Janice Offley (hereinafter the defendant) executed and delivered to Wells Fargo Bank, N.A. (hereinafter Wells Fargo), a note promising to repay a loan in the amount of $ 380,000, secured by a mortgage encumbering her residential property located in Uniondale.
On September 18, 2013, the plaintiff, the loan servicer, commenced this action to foreclose the mortgage. Among her affirmative defenses, the defendant asserted, inter alia, that the plaintiff lacked standing and failed to comply with RPAPL 1304 notice requirements. Thereafter, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant, to strike the defendant's answer, and to appoint a referee to compute the amount due to the plaintiff.
In two orders, entered November 6, 2015, and March 18, 2016, respectively, the Supreme Court, among other things, granted those branches of the plaintiff's motion, and the defendant appeals.
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