Wells Fargo Bank, N.A. v. Yesmin, 2017–05666

• Decision Date: 30 September 2020
• Docket Number: Index No. 21406/09,2017–05666
• Citation: 129 N.Y.S.3d 851 (Mem),186 A.D.3d 1761
• Parties: WELLS FARGO BANK, N.A., etc., Respondent, v. Hasina YESMIN, Appellant, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

186 A.D.3d 1761
129 N.Y.S.3d 851 (Mem)

WELLS FARGO BANK, N.A., etc., Respondent,
v.
Hasina YESMIN, Appellant, et al., Defendants.

2017–05666
Index No. 21406/09

Supreme Court, Appellate Division, Second Department, New York.

Argued - March 5, 2020
September 30, 2020

Biolsi Law Group, P.C., New York, N.Y. (Steven Alexander Biolsi of counsel), for appellant.

Shapiro, DiCaro & Barak, LLC, Rochester, N.Y. (Austin T. Shufelt and Alex Cameron of counsel), for respondent.

REINALDO E. RIVERA, J.P., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.

129 N.Y.S.3d 852

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Hasina Yesmin appeals from a judgment of foreclosure and sale of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), entered February 21, 2017. The judgment of foreclosure and sale, upon an order of the same court entered October 3, 2016, granting the plaintiff's motion to confirm a referee's report and for a judgment of foreclosure and sale, inter alia, confirmed the referee's report and directed the sale of the subject property.

ORDERED that the judgment of foreclosure and sale is reversed, on the law, with costs, 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, and the order entered October 3, 2016, is modified accordingly.

The plaintiff commenced this action to foreclose a mortgage against, among others, the defendant Hasina Yesmin (hereinafter the defendant). 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, and that motion was granted. Thereafter, the plaintiff moved to confirm the referee's report and for a judgment of foreclosure and sale. The defendant opposed the motion, arguing, among other things, that no notice of a computation hearing had been served upon her, and that the referee's report was not supported by admissible evidence. The Supreme Court granted the plaintiff's motion and entered a judgment of foreclosure and sale which, inter alia, confirmed the referee's report and directed...