Opinion
2016–01467 2016–01469 2016–01470 Index No. 31267/12
08-22-2018
HSBC BANK USA, N.A., appellant, v. Sandra JIMENEZ–ZAYAS, etc., respondent, et al., defendants.
McCabe, Weisberg & Conway, P.C., New Rochelle, N.Y. (Mark Golab, Matthew S. Blum, and Brett Milchman of counsel), for appellant. Zayas Law Offices, P.C., Stony Point, N.Y. (Richard R. Zayas of counsel), for respondent.
McCabe, Weisberg & Conway, P.C., New Rochelle, N.Y. (Mark Golab, Matthew S. Blum, and Brett Milchman of counsel), for appellant.
Zayas Law Offices, P.C., Stony Point, N.Y. (Richard R. Zayas of counsel), for respondent.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, BETSY BARROS, JJ.
DECISION & ORDER
In an action to foreclose a mortgage, the plaintiff appeals from (1) an order of the Supreme Court, Rockland County (Alan D. Scheinkman, J.), dated September 30, 2013, (2) an order of the same court (Robert M. Berliner, J.) dated January 6, 2016, and (3) a money judgment of the same court dated January 11, 2016. The order dated September 30, 2013, inter alia, found that the plaintiff had failed to engage in settlement discussions and negotiations in good faith pursuant to CPLR 3408 and tolled the running of interest on the underlying mortgage loan, subject to certain conditions. The order dated January 6, 2016, granted the unopposed motion of the defendant Sandra Jimenez–Zayas, inter alia, in effect, to enforce the order dated September 30, 2013. The money judgment, upon the order dated January 6, 2016, is in favor of the defendant Sandra Jimenez–Zayas and against the plaintiff in the total sum of $27,029.30.
ORDERED that the appeals are dismissed, with one bill of costs.
The order dated January 6, 2016, as well as the money judgment dated January 11, 2016, were both entered upon the plaintiff's default. No appeal lies from an order entered upon the default of the appealing party (see CPLR 5511 ; Morgan Stanley Mtge. Loan Trust [2007–8XS] v. Harding, 141 A.D.3d 511, 35 N.Y.S.3d 235 ).
As for the order dated September 30, 2013, no appeal lies as of right from an order which does not determine a motion made on notice (see CPLR 5701[a][2] ; U.S. Bank N.A. v. Smith, 123 A.D.3d 914, 999 N.Y.S.2d 834 ), and we decline to grant leave to appeal.
RIVERA, J.P., CHAMBERS, AUSTIN and BARROS, JJ., concur.