Bankers Trust Co. of California, N. A. v. Payne

OPINION OF THE COURT

David B. Vaughan, J.

In this mortgage foreclosure action, plaintiff Bankers Trust Company of California, N. A., as trustee under the pooling and servicing agreement, December 11, 1997, Delta Funding Home Equity Loan Trust 1997-4, do Delta Funding Corporation (plaintiff), moves, pursuant to CPLR 2221 (d) and (e), for leave to reargue and renew its prior motion for summary judgment in its favor, striking the answer of defendant Errol E. Payne (defendant), appointing a Referee to compute, and foreclosing upon defendant’s property. Defendant cross-moves for an order, pursuant…