Wash. Mut. Bank v. Dratel, INDEX NO.: 0023721/2008

CourtNew York Supreme Court
Writing for the CourtJOHN J.J. JONES
Citation2012 NY Slip Op 32927
PartiesWASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA, Plaintiff, v. WILLIAM M. DRATEL, SHARYN L. LAWALL, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE AND MORTGAGEE OF RECORD, AMERICA'S WHOLESALE LENDER, THE BRIDGEHAMPTON NATIONAL BANK, MCM HOME INC., "JOHN DOES" and "JANE DOES," said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendants.
Docket NumberINDEX NO.: 0023721/2008
Decision Date12 December 2012

2012 NY Slip Op 32927

WASHINGTON MUTUAL BANK F/K/A WASHINGTON MUTUAL BANK, FA, Plaintiff,
v.
WILLIAM M. DRATEL, SHARYN L. LAWALL, MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.
AS NOMINEE AND MORTGAGEE OF RECORD, AMERICA'S WHOLESALE LENDER,
THE BRIDGEHAMPTON NATIONAL BANK, MCM HOME INC., "JOHN DOES" and "JANE DOES,"
said names being fictitious, parties intended being possible tenants or occupants of
premises, and corporations, other entities or persons who claim, or may claim, a lien
against the premises, Defendants.

INDEX NO.: 0023721/2008

SUPREME COURT - STATE OF NEW YORK I.A.S. PART 10 SUFFOLK COUNTY

Date: December 12, 2012


SHORT FORM ORDER

SUBMIT DATE: 10/3/2012
MTN.
SEO.#: 003

Present:
HON. JOHN J.J. JONES, JR.
Justice

MOTION DATE: 9/28/2012
MOTION NO.: MOT D

Upon the following papers numbered 1 to 37 read on this application for an order dismissing the within action for lack of prosecution; Notice of Motion/Order to Show Cause and supporting papers 1-16 ; Notice of Cross Motion and supporting papers __; Answering Affidavits and supporting papers 17-29 ; Replying Affidavits and supporting papers 30-37 :; Other_; it is

Page 2

ORDERED that this application for an order dismissing the within action for lack of prosecution, or in the alternative, curtailing the accrued interest on the mortgage indebtedness which is the subject of the within foreclosure action is denied in part and granted in part.

The defendants acknowledge that they are indebted on a note in the amount of $3,737,500.00 secured by a mortgage on real property located at 77 Jericho Road, East Hampton, New York. The action to foreclose the mortgage was commenced on June 25, 2008 by the filing of a summons and complaint. Defense counsel filed a Notice of Appearance dated July 30, 2008, on behalf of the defendant William M. Dratel ["the defendant" or "Dratel"], waiving the service of all papers and of notices of all proceedings in the action except notice of hearing for referee to compute, notice of sale and notice of proceedings to obtain surplus monies.

Defense counsel wrote the first of two letters to plaintiff's counsel on December 18, 2009, suggesting that a benefit would inure to all parties if the matter proceeded to a foreclosure sale by a stipulation agreeing to the sum due and agreeing to the entry of judgment of foreclosure and sale signed by the parties. Defense counsel offered to provide a form stipulation to achieve this and "invite[d the plaintiff] to proceed in this regard as soon as possible." A follow-up letter was sent to plaintiff's counsel on January 5, 2009, which, the plaintiff does not dispute, was likewise ignored by plaintiff's counsel.

The plaintiff made two applications for an Order of Reference. The first was denied by order of this Court dated January 20, 2009. The plaintiff withdrew the second Order of Reference on October 14, 2010. The plaintiff does not dispute that after the withdrawal of the second Order of Reference, it did nothing to pursue a judgment of foreclosure or follow-up with defense counsel to accept a confession...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT