U.S. Bank Nat'l Ass'n v. Langner
| Decision Date | 23 January 2019 |
| Docket Number | 2016–02264,Index No. 505091/13 |
| Citation | 92 N.Y.S.3d 419,168 A.D.3d 1021 |
| Parties | U.S. BANK NATIONAL ASSOCIATION, etc., Appellant, v. Reuven LANGNER, Respondent, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
168 A.D.3d 1021
92 N.Y.S.3d 419
U.S. BANK NATIONAL ASSOCIATION, etc., Appellant,
v.
Reuven LANGNER, Respondent, et al., Defendants.
2016–02264
Index No. 505091/13
Supreme Court, Appellate Division, Second Department, New York.
January 23, 2019
Argued—September 24, 2018
RAS Boriskin, LLC, Westbury, N.Y. (Jason W. Creech of counsel), for appellant.
Eli S. Fixler, Brooklyn, NY, for respondent.
CHERYL E. CHAMBERS, J.P., SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Larry D. Martin, J.), dated December 21, 2015. The order, insofar as appealed from, denied those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant Reuven Langner and for an order of reference, and granted that defendant's cross motion pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant Reuven Langner and for an order of reference are granted, and that defendant's cross motion pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against him is denied.
The plaintiff commenced this action to foreclose a mortgage against, among others, the defendant Reuven Langner (hereinafter the defendant). On October 13, 2014, the plaintiff moved, inter alia, for leave to enter a default judgment against the defendant and for an order of reference. In support of its motion, the plaintiff submitted, among other things, the note, the mortgage, and an affidavit of a representative of the servicer of the subject loan, who stated that the defendant was in default. The plaintiff further submitted an affidavit of a process server. The process server averred, in relevant part, that he served the defendant by delivering a copy of the summons and complaint on a person of suitable age and discretion, who identified himself only as "Mr. (refused first name) Langner," at 406 Avenue I, Brooklyn, New York, on September 23, 2013, at 5:07 p.m. The process server further averred that "[t]hat person was also asked by deponent whether said...
To continue reading
Request your trial
-
Dunn v. Law Offices of Evans & Al-Shabazz, LLP
...proper service’ " ( Deutsche Bank Natl. Trust Co. v. Yurowitz, 181 A.D.3d 646, 647, 117 N.Y.S.3d 605, quoting U.S. Bank N.A. v. Langner, 168 A.D.3d 1021, 1023, 92 N.Y.S.3d 419 ). " ‘Although bare and unsubstantiated denials are insufficient to rebut the presumption of service, a sworn denia......
-
HSBC Bank USA v. Archer
...prima facie case as to the method of service and, therefore, gives rise to a presumption of proper service’ " ( U.S. Bank N.A. v. Langner, 168 A.D.3d 1021, 1023, 92 N.Y.S.3d 419, quoting Wells Fargo Bank, NA v. Chaplin, 65 A.D.3d 588, 589, 884 N.Y.S.2d 254 ). To be entitled to vacatur of a ......
-
Town of Warwick v. Black Bear Campgrounds
... ... Sattar, 140 A.D.3d 1107, 1108, 35 N.Y.S.3d 368 ; U.S. Bank N.A. v. Bisono, 98 A.D.3d 608, 609, 949 N.Y.S.2d 652 ) ... ...
-
U.S. Bank v. Langner
... ... Trust 2004-11 HE Asset-Backed Certificates Series 2004-11 HE ... (US Bank Trust) moves (in ... motion sequence [mot. seq.] three) for an order: (I) ... confirming the ... ...