U.S. Rof III Legal Title Trust 2015-1 v. Hayes
| Decision Date | 04 November 2020 |
| Docket Number | Index No. 6157/15,2018–02295,2019–00710 |
| Citation | 131 N.Y.S.3d 627 (Mem),188 A.D.3d 758 |
| Parties | U.S. ROF III LEGAL TITLE TRUST 2015–1, etc., respondent, v. Suzanne HAYES, etc., appellant, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
188 A.D.3d 758
131 N.Y.S.3d 627 (Mem)
U.S. ROF III LEGAL TITLE TRUST 2015–1, etc., respondent,
v.
Suzanne HAYES, etc., appellant, et al., defendants.
2018–02295
2019–00710
Index No. 6157/15
Supreme Court, Appellate Division, Second Department, New York.
Submitted - June 23, 2020
November 4, 2020
The Ranalli Law Group, PLLC, Hauppauge, NY (Ernest E. Ranalli of counsel), for appellant.
Knuckles Komosinski & Manfro, LLP, Elmsford, NY (Loretta Carty of counsel), for respondent.
RUTH C. BALKIN, J.P., BETSY BARROS, FRANCESCA E. CONNOLLY, PAUL WOOTEN, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Suzanne Hayes appeals from (1) an order of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered December 1, 2017, and (2) an order and judgment of foreclosure and sale (one paper) of the same court dated September 24, 2018. The order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted
against the defendant Suzanne Hayes, to strike that defendant's answer, and for an order of reference. The order and judgment of foreclosure and sale, insofar as appealed from, upon the order, granted those branches of the plaintiff's motion which were to confirm the referee's report and for a judgment of foreclosure and sale, confirmed the referee's report, and directed the sale of the subject property.
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the order and judgment of foreclosure and sale is reversed insofar as appealed from, on the law, those branches of the plaintiff's motion which were to confirm the referee's report and for a judgment of foreclosure and sale are denied, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Suzanne Hayes, to strike that defendant's answer, and for an order of reference are denied, the order is
modified...
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