Brooklyn Queens Five Funding, LLC v. Sewnarine

2023 NY Slip Op 02101

Brooklyn Queens Five Funding, LLC, respondent, v. Dashrath Sewnarine, appellant, et al., defendants.

No. 2020-03657, Index No. 705103/18

Supreme Court of New York, Second Department

April 26, 2023

Biolsi Law Group, P.C., New York, NY (Steven Alexander Biolsi of counsel), for appellant.

Law Offices of Alan J. Waintraub, PLLC, Kew Gardens, NY, for respondent.

COLLEEN D. DUFFY, J.P., REINALDO E. RIVERA, LARA J. GENOVESI JANICE A. TAYLOR, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Dashrath Sewnarine appeals from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Queens County (Ulysses B. Leverett, J.), entered February 28, 2020. The order and judgment of foreclosure and sale, upon an order of the same court dated May 28, 2019, inter alia, granting those branches of the motion of Flushing Bank, the plaintiff's predecessor in interest, which were for summary judgment on the complaint insofar as asserted against the defendant Dashrath Sewnarine, to strike that defendant's answer and for an order of reference, granted the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale, confirmed the referee's report and directed the sale of the subject property.

ORDERED that the order and judgment of foreclosure and sale is reversed, on the law, with costs, those branches of the motion of Flushing Bank which were for summary judgment on the complaint insofar as asserted against the defendant Dashrath Sewnarine, to strike that defendant's answer, and for an order of reference are denied, the plaintiff's motion to confirm the referee's report and for a judgment of foreclosure and sale is denied, and the order dated May 28, 2019, is modified accordingly.

On April 4, 2018, Flushing Bank (hereinafter Flushing) commenced this action against the defendant Dashrath Sewnarine (hereinafter the defendant), among others, to foreclose a mortgage on commercial property located in Queens. Flushing moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant, to strike his answer, for an order of reference, and to amend the caption to substitute Brooklyn Queens Five Funding, LLC (hereinafter BQFF), as the plaintiff. In an order dated May 28, 2019, the Supreme Court, inter alia, granted those branches of the motion. Thereafter, in an order and judgment of foreclosure and...