Nationstar Mortg., LLC v. Forrest

187 A.D.3d 927

130 N.Y.S.3d 735 (Mem)

NATIONSTAR MORTGAGE, LLC, appellant,

v.Alfonzo FORREST, et al., defendants,329 Bainbridge Realty, Inc., respondent.

2019–03046

Index No. 514041/17

Supreme Court, Appellate Division, Second Department, New York.

Submitted - March 23, 2020

October 14, 2020

McCalla Raymer Leibert Pierce, LLC, New York, N.Y. (Richard P. Haber of counsel), for appellant.

Rosenfeld Law Office, Lawrence, N.Y. (Avi Rosenfeld of counsel), for respondent.

LEONARD B. AUSTIN, J.P., JEFFREY A. COHEN, ANGELA G. IANNACCI, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), entered January 7, 2019. The order, insofar as appealed from, denied the plaintiff's motion for summary judgment on the complaint and for an order of reference, and granted that branch of the cross motion of the defendant 329 Bainbridge Realty, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it as time-barred.

ORDERED that the order is affirmed insofar appealed from, with costs.

For reasons stated in 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, we agree with the Supreme Court's determination denying the plaintiff's motion for summary judgment on the complaint and for an order of reference, and granting that branch of the cross motion of the defendant 329 Bainbridge Realty, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it as time-barred.

We do not address the argument...