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HSBC Bank USA, N.A. v. Deutsch
Citation: 2022 NY Slip Op 05027Docket: 2020-09102
Court: Appellate Division of the Supreme Court of the State of New York; August 24, 2022; New York; State Appellate Court
Original Court Document: View Document
In the case of HSBC Bank USA, N.A. v. Deutsch, decided on August 24, 2022, the Appellate Division of the Supreme Court of New York addressed an appeal by Michael Deutsch regarding a mortgage foreclosure action initiated by HSBC Bank. The appeal challenged both an order from October 16, 2019, which confirmed a referee's report and denied Deutsch's motion to dismiss the amended complaint, and a subsequent judgment of foreclosure and sale from the same date. The court dismissed the appeal from the order, noting that the right to appeal ended with the entry of the foreclosure judgment. It affirmed the judgment, which directed the sale of the property based on the confirmed referee's report. The court found that Deutsch's argument concerning a failure to comply with Kings County Supreme Court Uniform Civil Term Rules, specifically Rule 8 regarding timely motions for foreclosure judgments, was insufficient. The court determined that the Supreme Court acted within its discretion by accepting HSBC's explanation for the delay in moving for judgment. As a result, the court granted HSBC's motion and awarded one bill of costs to the plaintiff. The ruling included agreement among all justices involved.