American Holdings Investment Corp. v. Josey

*928In an action to foreclose a mortgage and for related relief (action No. 1), and a related action sounding in fraud and to impose a constructive trust (action No. 2), the nonparty Vincent Longobardi, as assignee of the interest in surplus money due to Yvonne Josey in action No.l, appeals from an order of the Supreme Court, Kings County (Saitta, J.), dated September 24, 2008, which granted the motion of Yvonne Josey to consolidate the actions and denied his motion in action No. 1 to confirm a referee’s report dated August 31, 2007, which, following a hearing, inter alia, recommended that all…