Wilmington Sav. Fund Socy., FSB v Hershkowitz, 2020 NY Slip Op 07428 [189 AD3d 1130]

December 9, 2020

Appellate Division, Second Department

[*1]

Wilmington Savings Fund Society, FSB, Appellant,

v

Menuchem Hershkowitz, Respondent, et al., Defendants.

Knuckles, Komosinski & Manfro, LLP, Fishkill, NY (Louis A. Levithan of counsel), for appellant.

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), entered January 16, 2019. The order, insofar as appealed from, upon denying the plaintiff’s motion, inter alia, to confirm the referee’s report and for a judgment of foreclosure and sale, and granting the cross motion of the defendant Menuchem Hershkowitz to direct the referee to recompute the sums owed to the plaintiff, directed the referee to recompute the sums owed by calculating principal and interest accruing from no earlier than October 28, 2016.

Ordered that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a related appeal ( see Wilmington Sav. Fund Socy., FSB v Hershkowitz , 189 AD3d 1126 [2020] [decided herewith]). Scheinkman, P.J., Balkin, Cohen and LaSalle, JJ., concur..