Narrative Opinion Summary
In the matter between U.S. Bank Trust, N.A. and Kevin Casey, the New York Appellate Division reviewed an appeal concerning a mortgage foreclosure action. The case involved two primary orders: one from December 21, 2018, granting summary judgment and striking Casey's answer, and another from May 29, 2019, confirming a referee's report and ordering the sale of the property. The court dismissed the appeal from the December order, as the right to appeal concluded with the entry of the judgment of foreclosure and sale. The May order was affirmed, granting costs to the plaintiff. U.S. Bank Trust demonstrated standing by providing a copy of the note endorsed in blank, which was connected to the original complaint. Casey's defenses, including the lack of standing, failed to present a triable issue of fact. Additionally, a new argument Casey introduced on appeal was not considered as it was not properly raised. The court's decision supports the plaintiff's foreclosure action and affirms the authority to uphold the judgment of foreclosure and sale.
Legal Issues Addressed
Affirmative Defenses in Foreclosuresubscribe to see similar legal issues
Application: Casey's affirmative defenses, including lack of standing, failed to present a triable issue of fact, thus not preventing summary judgment.
Reasoning: Casey's affirmative defenses, including lack of standing, did not present a triable issue of fact.
Foreclosure and Standingsubscribe to see similar legal issues
Application: The plaintiff established standing in the foreclosure action by producing a copy of the note endorsed in blank, which was linked to the original complaint.
Reasoning: The plaintiff, U.S. Bank Trust, established standing to initiate the foreclosure by producing a copy of the note, endorsed in blank, linked to the original complaint.
Right to Appeal and Final Judgmentsubscribe to see similar legal issues
Application: The appeal from the order granting summary judgment was dismissed as the right to appeal concluded with the entry of the judgment of foreclosure and sale.
Reasoning: The appeal from the December order was dismissed because the right to appeal ended with the entry of the judgment of foreclosure and sale.
Scope of Appellate Reviewsubscribe to see similar legal issues
Application: A new argument raised by Casey on appeal was not considered as it was not properly before the court.
Reasoning: A new argument raised by Casey on appeal was deemed not properly before the court.