Opinion
2018–06261 Index No. 504086/13
10-07-2020
CARVER FEDERAL SAVINGS BANK, Plaintiff, v. Wilson L. CAMPBELL, etc., et al., Respondents, et al., Defendants; Waterfall Victoria Grantor Trust II, Series G, nonparty-Appellant.
Hahn & Hessen, LLP, New York, N.Y. (Robert J. Malatak and Brigitte R. Rose of counsel), for nonparty -appellant.
Hahn & Hessen, LLP, New York, N.Y. (Robert J. Malatak and Brigitte R. Rose of counsel), for nonparty -appellant.
WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, nonparty Waterfall Victoria Grantor Trust II, Series G, appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated November 20, 2017. The order, in effect, denied those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants Wilson L. Campbell and Judith Brown–Campbell, to strike those defendants' answer, and for an order of reference.
ORDERED that the order 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 defendants Wilson L. Campbell and Judith Brown–Campbell, to strike those defendants' answer, and for an order of reference are granted, and the matter is remitted to the Supreme Court, Kings County, for a determination of the remaining branches of the plaintiff's motion.
We reverse the order for reasons stated in US Bank N.A. v. Bochicchio, 179 A.D.3d 1133, 1135, 118 N.Y.S.3d 191 ) and Wells Fargo Bank, N.A. v. Heiney, 168 A.D.3d 1126, 1127, 93 N.Y.S.3d 84 ).
MASTRO, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.