WELLS FARGO BANK, NA v. BURKE

2013-10952, Index No. 11403/11.

125 A.D.3d 765 (2015)

WELLS FARGO BANK, NA, Respondent, v. BRIAN BURKE et al., Appellants, et al., Defendants.

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

Decided February 11, 2015.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the plaintiff's motion which were for summary judgment on the complaint, to strike the answer of the defendants Brian Burke and Lisa Burke, and to appoint a referee to compute the sums due and owing under the subject note and mortgage are denied.

In a mortgage foreclosure action, where the plaintiff's standing to commence the action is placed in issue by the...

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