Opinion
12927 Index No. 35032/13E Case No. 2020-01362
01-21-2021
WILMINGTON SAVINGS FUND SOCIETY, FSB, doing business as Christiana Trust for PNPMS Trust, II sued herein as PennyMac Corp., Plaintiff-Respondent, v. Carmelo SCAFFIDI, as Heir and Administrator of the Estate of Blanca Scaffidi also known as Blanca R. Scaffidi also known as Blanca Rodriguez, Defendant-Appellant, United States of America et al., Defendants.
Michael Kennedy Karlson, New York, for appellant. Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, Bay Shore (Keith Abramson of counsel), for respondent.
Michael Kennedy Karlson, New York, for appellant.
Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, Bay Shore (Keith Abramson of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Kapnick, Kern, Kennedy, JJ.
Order and judgment of foreclosure and sale (one paper), Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered February 12, 2020, upon confirmation of a Referee's report, unanimously modified, on the facts, to remand for recomputation of the judgment amount consistent herewith, and otherwise affirmed, without costs.
The order that granted summary judgment to plaintiff against defendant Carmelo Scaffidi, upon reargument, was entered on defendant's default, which he never remedied (see e.g. Aurora Loan Servs., LLC v. Ahmed, 122 A.D.3d 557, 996 N.Y.S.2d 92 [2d Dept. 2014] ). No appeal lies from an order entered on default ( CPLR 5511 ; HSBC Mtge. Corp. [USA] v. MacPherson, 89 A.D.3d 1061, 934 N.Y.S.2d 428 [2d Dept. 2011] ; Citibank, N.A. v. Kallman, 172 A.D.3d 489, 97 N.Y.S.3d 863 [1st Dept. 2019] ).
However, in confirming the Referee's report, the court failed to take into consideration the fact that plaintiff had agreed to forgo collection of $172,607.15 in escrow advances and $381.00 in property inspection fees. Accordingly, we remand the matter for recomputation of the judgment amount.
We have considered defendant's remaining arguments and find them unavailing.