ONEWEST BANK, FSB v. FERNANDEZ

2012-05698

112 A.D.3d 681 (2013)

976 N.Y.S.2d 405

2013 NY Slip Op 8233

ONEWEST BANK, FSB, Appellant, v. ANA FERNANDEZ et al., Respondents.

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

Decided December 11, 2013.


In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Baily-Schiffman, J.), dated August 17, 2011, which denied its ex parte motion for an order of reference appointing a referee to ascertain and compute the amount due to it and, sua sponte, directed the dismissal of the complaint, with prejudice.

Ordered that the appeal from so much of the order as denied the plaintiff's ex parte motion for an order of reference...

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