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Onewest Bank v. Schifano

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 31, 2021
192 A.D.3d 1129 (N.Y. App. Div. 2021)

Opinion

2018–01838 2018–01839 Index No. 57144/15

03-31-2021

ONEWEST BANK, N.A., respondent, v. Donna SCHIFANO, appellant, et al., defendants.

Louis M. Spizzirro, Yonkers, NY, for appellant. Gross Polowy, LLC, Westbury, N.Y. (Stephen J. Vargas, Alexandra R. Heaney, and Ross M. Eisenberg of counsel), for respondent.


Louis M. Spizzirro, Yonkers, NY, for appellant.

Gross Polowy, LLC, Westbury, N.Y. (Stephen J. Vargas, Alexandra R. Heaney, and Ross M. Eisenberg of counsel), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, PAUL WOOTEN, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Donna Schifano appeals from (1) an order of the Supreme Court, Westchester County (David F. Everett, J.), dated January 3, 2018, and (2) a judgment of foreclosure and sale of the same court, also dated January 3, 2018. The order, insofar as appealed from, upon an order dated April 7, 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 Donna Schifano, to strike that defendant's answer, and for an order of reference, and denying that branch of that defendant's cross motion which was to dismiss the complaint insofar as asserted against her for lack of standing, granted the plaintiff's motion for a judgment of foreclosure and sale. The judgment of foreclosure and sale, among other things, directed the sale of the real property at issue.

ORDERED that the appeal from the order dated January 3, 2018, is dismissed; and it is further,

ORDERED that the judgment of foreclosure and sale is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

The appeal from the order dated January 3, 2018 (hereinafter the January 2018 order), must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment of foreclosure and sale in the action (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647 ). The appeal from the judgment of foreclosure and sale brings up for review the January 2018 order and the order dated April 7, 2017 (hereinafter the April 2017 order).

For reasons set forth in CitiMortgage, Inc. v. McKenzie, 161 A.D.3d 1040, 1041, 78 N.Y.S.3d 200, in the April 2017 order, the Supreme Court properly granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Donna Schifano, to strike her answer, and for an order of reference, and properly denied that branch of that defendant's cross motion which was to dismiss the complaint insofar as asserted against her for lack of standing.

Accordingly, the Supreme Court properly entered a judgment of foreclosure and sale in favor of the plaintiff and against the defendant Donna Schifano (see CitiMortgage, Inc. v. Chako, 181 A.D.3d 789, 790, 118 N.Y.S.3d 442 ).

DILLON, J.P., AUSTIN, DUFFY and WOOTEN, JJ., concur.


Summaries of

Onewest Bank v. Schifano

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 31, 2021
192 A.D.3d 1129 (N.Y. App. Div. 2021)
Case details for

Onewest Bank v. Schifano

Case Details

Full title:Onewest Bank, N.A., respondent, v. Donna Schifano, appellant, et al.…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Mar 31, 2021

Citations

192 A.D.3d 1129 (N.Y. App. Div. 2021)
192 A.D.3d 1129
2021 N.Y. Slip Op. 1987