Legal Opinion
Onewest Bank, FSB v. Fernandez
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 2013PublishedCited by 42 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Baily-Schiffman, J.), dated August 17, 2011, which denied its ex parte motion for an order of reference appointing a referee to ascertain and compute the amount due to it and, sua sponte, directed the dismissal of the complaint, with prejudice.
Ordered that the appeal from so much of the order as denied the plaintiff’s ex parte motion for an order of reference is dismissed, without costs or disbursements, as no appeal lies from the denial of an ex parte motion (see CPLR 5704; Bank of…
2Cases cited3 opinions
- Wells Fargo Bank Minnesota, National Ass'n v. MastropaoloAppellate Division of the Supreme Court of the State of New York · 2007
- U.S. Bank, National Ass'n v. EmmanuelAppellate Division of the Supreme Court of the State of New York · 2011
- CitiMortgage, Inc. v. RosenthalAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by42 opinions
- HSBC Bank USA, N.A. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2015
- U.S. Bank National Ass'n v. AhmedAppellate Division of the Supreme Court of the State of New York · 2016
- Nationstar Mortgage, LLC v. WongAppellate Division of the Supreme Court of the State of New York · 2015
- Bank of N.Y. Mellon v. StewartAppellate Division of the Supreme Court of the State of New York · 2023
- Deutsche Bank National Trust Co. v. MeahAppellate Division of the Supreme Court of the State of New York · 2014
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