Calce v. Futterman

Order and judgment, Supreme Court, Bronx County (Howard Silver, J.), entered October 19 and November 30, 1995, respectively, which, inter alia, granted defendants’ motion to confirm the Referee’s report and granted defendants’ legal fees in the sum of $5,000, unanimously reversed, on the law, without costs, and the defendants’ motions are dismissed, without prejudice to commencement of a plenary action.

The facts of this litigation to foreclose on a mortgage are set forth in this Court’s prior decision in Futterman v Calce (226 AD2d 306). On this appeal, we are faced with the issue of whether…