CITIBANK, N.A. v. DULFON

2016-12682, Index No. 39205/07.

171 A.D.3d 697 (2019)

97 N.Y.S.3d 217

2019 NY Slip Op 02496

Citibank, N.A., as Successor Trustee to U.S. Bank National Association, as Trustee for Master Adjustable Rate Mortgage Trust 2007-HF1 Mortgage Pass-Through Certificates, Series 2007-HF-1, Respondent, v. Peter Dulfon et al., Defendants. Howard B. Greenberg, Esq., Nonparty Appellant.

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

Decided April 3, 2019.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage on real property and, in an order of reference dated October 7, 2008, the appellant was appointed as Referee to determine the amount due on the subject note and mortgage, among other things. The order of reference did not set forth the basis or method for determining the appellant's fees. In a judgment of foreclosure dated November 10, 2010, the appellant was...

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