Carver Fed. Sav. Bank v Campbell, 2020 NY Slip Op 05485 [187 AD3d 707]

October 7, 2020

Appellate Division, Second Department

[*1]

Carver Federal Savings Bank, Plaintiff,

v

Wilson L. Campbell et al., Respondents, et al., Defendants. Waterfall Victoria Grantor Trust II, Series G, Nonparty Appellant.

Hahn & Hessen, LLP, New York, NY (Robert J. Malatak and Brigitte R. Rose of counsel), for nonparty appellant.

In an action to foreclose a mortgage, nonparty Waterfall Victoria Grantor Trust II, Series G, appeals from an order of the Supreme Court, Kings County (Noach Dear, J.), dated November 20, 2017. The order, in effect, denied those branches of the plaintiff’s motion which were for summary judgment on the complaint insofar as asserted against the defendants Wilson L. Campbell and Judith Brown-Campbell, to strike those defendants’ answer, and for an order of reference.

Ordered that the order is reversed, on the law, with costs, those branches of the plaintiff’s motion which were for summary judgment on the complaint insofar as asserted against the defendants Wilson L. Campbell and Judith Brown-Campbell, to strike those defendants’ answer, and for an order of reference are granted, and the matter is remitted to the Supreme Court, Kings County, for a determination of the remaining branches of the plaintiff’s motion.

We reverse the order for reasons stated in U.S. Bank N.A. v Bochicchio (179 AD3d 1133 , 1135 [2020]) and Wells Fargo Bank, N.A. v Heiney (168 AD3d 1126 , 1127 [2019]). Mastro, J.P., Miller, Duffy and Brathwaite Nelson, JJ., concur..