Narrative Opinion Summary
In HSBC Bank USA, N.A. v. Kalenborn (2023 NY Slip Op 02108), the Appellate Division, Second Department, addressed an appeal by defendants Margaret and Douglas Kalenborn concerning a mortgage foreclosure action. The defendants contested a June 10, 2020, order from the Supreme Court in Suffolk County, which denied their request for a hearing on potential sanctions against the plaintiff for failing to negotiate in good faith as required by CPLR 3408, and denied their cross-motion for summary judgment based on the plaintiff's alleged non-compliance with RPAPL 1304. The appellate court dismissed the appeal, stating that the right to a direct appeal from the order ended with the entry of the foreclosure and sale judgment. The issues raised in the appeal were reviewed and addressed in a separate appeal concerning the foreclosure and sale order. The decision was concurred by Justices Brathwaite Nelson, Rivera, Ford, and Taylor. The appeal dismissal was issued without costs or disbursements.
Legal Issues Addressed
Appellate Review and Concurrent Opinionssubscribe to see similar legal issues
Application: The appellate court's decision to dismiss the appeal was concurred by multiple justices, reflecting a unanimous agreement on the procedural handling of the case.
Reasoning: The decision was concurred by Justices Brathwaite Nelson, Rivera, Ford, and Taylor.
Right to Appeal under CPLR 3408subscribe to see similar legal issues
Application: The defendants' appeal concerning the denial of a hearing on sanctions for failure to negotiate in good faith was dismissed because the right to a direct appeal from the order ended with the entry of the foreclosure and sale judgment.
Reasoning: The appellate court dismissed the appeal, stating that the right to a direct appeal from the order ended with the entry of the foreclosure and sale judgment.
Summary Judgment and Compliance with RPAPL 1304subscribe to see similar legal issues
Application: The defendants' cross-motion for summary judgment based on the plaintiff's alleged non-compliance with RPAPL 1304 was denied, and the issues were reviewed in a separate appeal concerning the foreclosure and sale order.
Reasoning: The defendants contested a June 10, 2020, order from the Supreme Court in Suffolk County, which...denied their cross-motion for summary judgment based on the plaintiff's alleged non-compliance with RPAPL 1304.