Wells Fargo Bank, N.A. v. Grosz
| Decision Date | 26 June 2019 |
| Docket Number | Index No. 30/14,2016–07603 |
| Parties | WELLS FARGO BANK, N.A., Respondent, v. Chaya GROSZ, et al., Appellants, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
173 A.D.3d 1247
103 N.Y.S.3d 535
WELLS FARGO BANK, N.A., Respondent,
v.
Chaya GROSZ, et al., Appellants, et al., Defendants.
2016–07603
Index No. 30/14
Supreme Court, Appellate Division, Second Department, New York.
Submitted—April 16, 2019
June 26, 2019
Lawrence Katz, PLLC, Valley Stream, NY, for appellants.
Rosicki, Rosicki & Associates, P.C., Plainview, N.Y. (William Knox of counsel), for respondent.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In an action to foreclose a consolidated mortgage, the defendants
Chaya Grosz and Robert Grosz appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Thomas A. Adams, J.), entered April 13, 2018. The order and judgment granted the plaintiff's motion to confirm a referee's report and, inter alia, directed the foreclosure sale of the subject property. The appeal brings up for review an order of the same court entered May 19, 2016, which granted the plaintiff's motion, among other things, for summary judgment on the complaint insofar as asserted against the defendants Chaya Grosz and Robert Grosz, and for an order of reference, and referred the matter to a referee to ascertain and compute the amount due to the plaintiff.
ORDERED that the order and judgment is affirmed, with costs.
The plaintiff commenced this action to foreclose a consolidated mortgage encumbering certain property in Lawrence. The defendants Chaya Grosz and Robert Grosz (hereinafter together the defendants) interposed an answer denying the allegations in the complaint and asserting various affirmative defenses including lack of standing. After the matter was released from the foreclosure settlement part, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendants, and for an order of reference. The defendants...
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