Wilmington Sav. Fund Soc'y v. Racer

• Docket Number: Index No. 521171/17,s. 2019-11655,2019-11656
• Decision Date: 07 June 2023
• Parties: Wilmington Savings Fund Society, FSB, etc., Respondent, v. Samuel Racer, Appellant, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

2023 NY Slip Op 03043

Wilmington Savings Fund Society, FSB, etc., Respondent,
v.
Samuel Racer, Appellant, et al., Defendants.

Index No. 521171/17, Nos. 2019-11655, 2019-11656

Supreme Court of New York, Second Department

June 7, 2023

Samuel Racer, Brooklyn, NY, appellant pro se.

Knuckles, Komosinski & Manfro, LLP, Elmsford, NY (John E. Brigandi of counsel), for respondent.

VALERIE BRATHWAITE NELSON, J.P., REINALDO E. RIVERA, DEBORAH A. DOWLING, HELEN VOUTSINAS, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Samuel Racer appeals from (1) an order of the Supreme Court, Kings County (Noach Dear, J.), dated July 18, 2019, and (2) an order of the same court, also dated July 18, 2019. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were, in effect, for summary judgment on the complaint insofar as asserted against the defendant Samuel Racer, to strike so much of the answer and the fifth and eighth affirmative defenses of the defendants Samuel Racer and Elsa Racer as was asserted on behalf of the defendant Samuel Racer, and for an order of reference. The second order, insofar as appealed from, granted the same relief to the plaintiff and appointed a referee to compute the amount due to the plaintiff.

ORDERED that the first order is modified, on the law, by deleting the provision thereof granting those branches of the plaintiff's motion which were, in effect, for summary judgment on the complaint insofar as asserted against the defendant Samuel Racer, to strike so much of the answer and the fifth affirmative defense of the defendants Samuel Racer and Elsa Racer as was asserted on behalf of the defendant Samuel Racer, and for an order of reference, and substituting therefor a provision denying those branches of the motion; as so modified, the first order is affirmed insofar as appealed from, and so much of the second order as granted those branches of the plaintiff's motion which were, in effect, for summary judgment on the complaint insofar as asserted against the defendant Samuel Racer, to strike so much of the answer and the fifth affirmative defense of the defendants Samuel Racer and Elsa Racer as was asserted on behalf of the defendant Samuel Racer, and for an order of reference, and appointed a referee to compute the amount due to the plaintiff is vacated; and it is further, ORDERED that the appeal from so much of the second order as granted those branches of the plaintiff's motion which were, in effect, for summary judgment on the complaint...