Legal Opinion
JP Morgan Chase Bank, N.A. v. Peters
New York Supreme Court
Decided January 23, 2017Published
1Opinion of the Court
OPINION OF THE COURT
Arlene P. Bluth, J.
Plaintiff’s motion to confirm the referee’s oath and report, to grant a judgment of foreclosure and sale and to appoint a substitute referee is granted. Plaintiff is directed to settle order on notice.
The cross motion by nonparty East Fork Capital Equities, LLC to dismiss the complaint is denied.
Background
The unusual circumstances of this foreclosure action arise out of a mortgage held by plaintiff covering 300 West 135th Street, unit 5N, New York, New York. According to plaintiff, a referee was appointed by the court on September 2, 2009. The referee,…
2Cases cited9 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Robinson v. HanrahanSupreme Court of the United States · 1972
- Feinstein v. BergnerNew York Court of Appeals · 1979
- Oppenheimer v. WestcottNew York Court of Appeals · 1979
- Lane v. LaneAppellate Division of the Supreme Court of the State of New York · 1991
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