Martinez v. Bank of New York Mellon

Vilma Martinez appeals from a final judgment of foreclosure entered in favor of The Bank of New York Mellon (“BONY’). Martinez asserts that the trial court abused its discretion in striking her pleadings in the middle of the nonjury trial and entering, as a sanction against Martinez, a default final judgment of foreclosure. We agree that, under the circumstances of this case, the trial court abused its discretion, and therefore, reverse the final judgment of foreclosure and remand for a new trial.

BACKGROUND

' The foreclosure action was filed against Martinez in 2008. She answered the complaint…