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HSBC Bank, USA N.A. v. Patricola

Supreme Court, Suffolk County

August 15, 2017

HSBC Bank, USA National Association as Trustee for Opteum Mortgage Acceptance Corporation, Asset-Backed Pass-Through Certificates Series 2005-4, Plaintiff,
v.
Anthony Patricola; Virginia Patricola; Mortgage Electronic Registrations Systems, Inc. as Nominee for RBS Citizens, NA; Teachers Federal Credit Union; "John Does" and "Jane Does", said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien the premises, Defendants.

          Rosicki, Rosicki & Associates, P.C. Attorneys for Plaintiff.

          Fine Law Offices Attorney for Defendants Patricola.

          Robert F. Quinlan, J.

         Upon the following papers read on this motion by plaintiff for summary judgment, dismissing the affirmative defenses, fixing the default of non-answering defendants, appointment of a referee pursuant to RPAPL §1321 and to amend the caption; plaintiff's counsels affirmations, affidavit of an officer of plaintiff's servicer and attached exhibits, affirmation of defendants' prior counsel and attached exhibits and plaintiff's counsel's affirmation in reply with attached exhibits, it is, ORDERED that this motion by HSBC Bank, USA National Association as Trustee for Opteum Mortgage Acceptance Corporation, Asset-backed Pass-through Certificates Series 2005-4 for summary judgment against Anthony and Virginia Patricola, dismissing their answer, affirmative defenses and counterclaims, amending the caption to substitute Toni Patricola for the "John Doe" and "Jane Doe" defendants, fixing the default of the non-appearing, non-answering defendants, and for an order of reference pursuant to RPAPL § 1321, is granted in part and denied in part as set forth below; and it is further

         ORDERED that plaintiff's application to amend the caption of the action is granted, and the caption shall read as follows:

HSBC BANK, USA NATIONAL ASSOCIATION AS TRUSTEE FOR OPTEUM MORTGAGE ACCEPTANCE CORPORATION, ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2005-4, Plaintiff,
against
ANTHONY PATRICOLA; VIRGINIA PATRICOLA; MORTGAGE ELECTRONIC REGISTRATIONS SYSTEMS, INC. AS NOMINEE FOR RBS CITIZENS, NA; TEACHERS FEDERAL CREDIT UNION; AND TONI PATRICOLA, Defendants

         plaintiff is to serve a copy of this order upon the Calendar Clerk within 30 days of this date and all further proceeding will be under the amended caption; and it is further

         ORDERED that the default of the non-appearing, non-answering defendants are fixed and set; and it is further

         ORDERED that plaintiff is granted partial summary judgment pursuant to CPLR 3212 (g), dismissing defendants' affirmative defenses and counterclaims; and it is further

         ORDERED that pursuant to CPLR § 2218, the court sets the action down for a limited issue trial, limited to the proof of the issue of plaintiff's compliance with the notice requirements of RPAPL § 1304; and it is further

         ORDERED that to facilitate that limited issue trial, the court directs limited discovery only on that issue, that all discovery demands are to be served within thirty (30) days of the date of this order, and that all discovery be completed within ninety (90) days of the date of this order; and it is further;

         ORDERED that the action is scheduled for a certification conference on Wednesday, December 6, 2017 at 9:30 A.M. at which time the court will direct the filing of the note of issue and set a ...


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