Opinion
2018–13426 Index No. 604669/16
07-22-2020
WEST COAST 2014–7, LLC, Appellant, v. Ramon FERNANDEZ, et al., Respondents, et al., Defendants.
The Margolin & Weinreb Law Group, LLP, Syosset, N.Y. (Tiffany L. Henry and Alan H. Weinreb of counsel), for appellant. Grausso & Foy, LLP, Patchogue, N.Y. (William Grausso and Edmond R. Foy of counsel), for respondents.
The Margolin & Weinreb Law Group, LLP, Syosset, N.Y. (Tiffany L. Henry and Alan H. Weinreb of counsel), for appellant.
Grausso & Foy, LLP, Patchogue, N.Y. (William Grausso and Edmond R. Foy of counsel), for respondents.
ALAN D. SCHEINKMAN, P.J., RUTH C. BALKIN, CHERYL E. CHAMBERS, PAUL WOOTEN, JJ.
DECISION & ORDER In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Linda J. Kevins, J.), dated September 14, 2018. The order, insofar as appealed from, denied those branches of the plaintiff's motion which was for summary judgment on the complaint insofar as asserted against the defendants Ramon Fernandez and Edward Fernandez and for an order of reference.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The record on appeal does not establish, as a matter of law, that this action was not barred by the six-year statute of limitations, as asserted in the answer interposed by the defendants Ramon Fernandez and Edward Fernandez (hereinafter together the defendants) (see Freedom Mtge. Corp. v. Engel, 163 A.D.3d 631, 633, 81 N.Y.S.3d 156, lv granted in part 33 N.Y.3d 1039, 103 N.Y.S.3d 12, 126 N.E.3d 1052 ). Accordingly, we agree with the Supreme Court's determination to deny those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendants and for an order of reference.
SCHEINKMAN, P.J., BALKIN, CHAMBERS and WOOTEN, JJ., concur.