U.S. Bank Nat'l Ass'n v. Madero
| Decision Date | 11 February 2015 |
| Parties | US BANK NATIONAL ASSOCIATION, etc., respondent, v. Miguel MADERO, et al., appellants, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
125 A.D.3d 757
5 N.Y.S.3d 105
2015 N.Y. Slip Op. 01265
US BANK NATIONAL ASSOCIATION, etc., respondent
v.
Miguel MADERO, et al., appellants, et al., defendants.
Supreme Court, Appellate Division, Second Department, New York.
Feb. 11, 2015.
DeGuerre Law Firm, P.C., Staten Island, N.Y. (Anthony DeGuerre of counsel), for appellants.
Hogan Lovells U.S. LLP, New York, N.Y. (David Dunn, Leah Rabinowitz, and Lisa J. Fried of counsel), for respondents.
REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, LEONARD B. AUSTIN, and JEFFREY A. COHEN, JJ.
Opinion
In an action to foreclose a mortgage, the defendants Miguel Madero and Martha Madero appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated January 28, 2013, as, upon a decision of the same court dated November 15, 2012, granted those branches of the plaintiff's motion which were for summary judgment on the complaint, to strike their answer, and for an order of reference, and denied those branches of their cross motion which were pursuant to CPLR 3211(a) to dismiss the complaint, for summary judgment dismissing the complaint, or for an immediate trial.
ORDERED that the order is modified, on the law, by deleting the provisions thereof granting those branches of the plaintiff's motion which were for summary judgment on the complaint, to strike the answer of the defendants Miguel Madero and Martha Madero, and for an order of reference, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed insofar as appealed from, with costs.
Generally, “[i]n residential mortgage foreclosure actions, as here, a plaintiff establishes its prima facie entitlement to judgment as a matter of law by producing the mortgage and the unpaid note, and evidence of the default” (Midfirst Bank v. Agho, 121 A.D.3d 343, 347, 991...
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