Homeowners Loan Corp. v. Recckio

Appeal from an order of the Erie County Court (Michael F. Pietruszka, J.), entered July 21, 2006 in a mortgage foreclosure action. The order denied plaintiffs motion to dismiss the affirmative defense of defendant Joseph W. Recckio, Jr., also known as Joseph W. Recckio.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking, inter alia, to foreclose on certain mortgaged property. The property was owned by defendant father, and he conveyed a life estate in the property to his son…