Wells Fargo Bank, N.A. v. Decesare
| Citation | 62 N.Y.S.3d 446,154 A.D.3d 717 |
| Decision Date | 04 October 2017 |
| Docket Number | 2016-07730, Index No. 63795/14. |
| Parties | WELLS FARGO BANK, N.A., appellant, v. Angela DECESARE, also known as Angela T. DeCesare, et al., respondents, et al., defendants. |
| Court | New York Supreme Court Appellate Division |
154 A.D.3d 717
62 N.Y.S.3d 446
WELLS FARGO BANK, N.A., appellant,
v.
Angela DECESARE, also known as Angela T. DeCesare, et al., respondents, et al., defendants.
2016-07730, Index No. 63795/14.
Supreme Court, Appellate Division, Second Department, New York.
Oct. 4, 2017.
Frenkel Lambert Weiss Weisman & Gordon, LLP, Bay Shore, NY (Joseph F. Battista, Christopher P. Kohn, and Kristine Grinberg of counsel), for appellant.
Vincent Volino PLLC, Yonkers, NY (John DeAngeli of counsel), for respondent Angela Decesare, also known as Angela T. DeCesare.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, and ANGELA G. IANNACCI, JJ.
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Westchester County (Ruderman, J.), dated May 29, 2016, which, upon
a decision of the same court (Smith, J.) dated March 29, 2016, made after a hearing to determine the validity of service of process, denied its motion, inter alia, for leave to enter a default judgment against the defendants upon their failure to appear or answer the complaint and to appoint a referee, and granted that branch of the cross motion of the defendant Angela Decesare, also known as Angela T. DeCesare, which was pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against her for lack of personal jurisdiction.
ORDERED that the order is reversed, on the law, with costs, that branch of the cross motion of the defendant Angela Decesare, also known as Angela T. DeCesare, which was pursuant to CPLR 3211(a)(8) to dismiss the complaint insofar as asserted against her for lack of personal jurisdiction is denied, and the matter is remitted to the Supreme Court, Westchester County, for a determination on the merits of the plaintiff's motion, inter alia, for leave to enter a default judgment against the defendants upon their failure to appear or answer the complaint and to appoint a referee, and a determination of the remaining branch of the cross motion of the defendant Angela Decesare, also known as Angela T. DeCesare.
The burden of proving that personal jurisdiction was acquired over a defendant rests with the plaintiff (see Wells Fargo Bank, NA v. Chaplin, 65 A.D.3d 588, 589, 884 N.Y.S.2d 254 ). A...
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