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U.S. Bank Trust, N.A. v. Casey
Citation: 2022 NY Slip Op 02450Docket: 2019-02508
Court: Appellate Division of the Supreme Court of the State of New York; April 13, 2022; New York; State Appellate Court
Original Court Document: View Document
In the case of U.S. Bank Trust, N.A. v. Casey, the New York Appellate Division addressed an appeal by Kevin Casey regarding a mortgage foreclosure action. The court considered two orders: one from December 21, 2018, granting summary judgment and striking Casey's answer, and another from May 29, 2019, which confirmed a referee's report and ordered the sale of the property. The appeal from the December order was dismissed because the right to appeal ended with the entry of the judgment of foreclosure and sale. The court affirmed the May order and judgment, awarding costs to the plaintiff. 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. Casey's affirmative defenses, including lack of standing, did not present a triable issue of fact. A new argument raised by Casey on appeal was deemed not properly before the court. The decision reinforces the plaintiff's position in the foreclosure process and confirms the authority of the court to uphold the judgment.