Wilmington Sav. Fund Soc'y, FSB v. Fernando
| Decision Date | 21 September 2022 |
| Docket Number | 2018–10580,Index No. 59170/14 |
| Citation | 208 A.D.3d 1281,174 N.Y.S.3d 271 (Mem) |
| Parties | WILMINGTON SAVINGS FUND SOCIETY, FSB, etc., respondent, v. Devinda Rumal FERNANDO, etc., et al., defendants, Bernadette M. Fernando, appellant. |
| Court | New York Supreme Court — Appellate Division |
208 A.D.3d 1281
174 N.Y.S.3d 271 (Mem)
WILMINGTON SAVINGS FUND SOCIETY, FSB, etc., respondent,
v.
Devinda Rumal FERNANDO, etc., et al., defendants,
Bernadette M. Fernando, appellant.
2018–10580
Index No. 59170/14
Supreme Court, Appellate Division, Second Department, New York.
Submitted—June 21, 2022
September 21, 2022
Solomon Zabrowsky, New York, NY, for appellant.
Knuckles, Komosinski & Manfro, LLP, Elmsford, NY (Michel Lee of counsel), for respondent.
ANGELA G. IANNACCI, J.P., ROBERT J. MILLER, LARA J. GENOVESI, WILLIAM G. FORD, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the defendant Bernadette M. Fernando appeals from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Westchester County (William J. Giacomo, J.), dated July 3, 2018. The order and judgment of foreclosure and sale, upon an amended order of the same court dated November 2, 2017, inter alia, granting those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Bernadette M. Fernando, to strike that defendant's
answer, and for an order of reference, among other things, granted the plaintiff's motion to confirm a referee's report and for a judgment of foreclosure and sale, and directed the sale of the subject property.
ORDERED that the order and judgment of foreclosure and sale is reversed, on the law, with costs, those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Bernadette M. Fernando, to strike that defendant's answer, and for an order of reference are denied, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale are denied, and the amended order dated November 2, 2017, is modified accordingly.
Green Tree Servicing, LLC (hereinafter Green Tree), commenced this action against the defendant Bernadette M. Fernando (hereinafter the defendant), among others, to foreclose a consolidated mortgage on certain real property in New Rochelle. The defendant answered and asserted several affirmative defenses. The plaintiff, as Green Tree's assignee, thereafter moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant, to strike her answer, and for an order of reference. In an amended order dated November 2, 2017, the Supreme Court, inter alia, granted those branches of the plaintiff's motion and referred the...
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