HSBC Bank USA, N.A. v Tigani

Appellate Division of the Supreme Court, Second Department

Jul 15, 2020

2017-07983

Versions:

Clair & Gjertsen, White Plains, NY (Ira S. Clair and Lancelot E. Coquitt of counsel), for appellant.

Greenberg Traurig, LLP, New York, NY (Brian Pantaleo of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Two Edgewood Partners, LLP, appeals from an order of the Supreme Court, Westchester County (Mary H. Smith, J.), dated May 3, 2017. The order, insofar as appealed from, granted those branches of the plaintiff‘s motion which were for summary judgment on the complaint insofar as asserted against that defendant, to strike that defendant‘s answer, and to appoint a referee to compute the amount due to the plaintiff.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment of foreclosure and sale in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment of foreclosure and sale (see CPLR 5501 [a] [1]; HSBC Bank USA, N.A. v Tigani, 185 AD3d 796 [2020] [decided herewith]). Dillon, J.P., Cohen, Duffy and Connolly, JJ., concur.