BANK NA v. SCHAER (2024)

Supreme Court, Appellate Division, Second Department, New York.

U.S. BANK NA, etc., respondent, v. Donna SCHAER, appellant, et al., defendant.

2020-08081, 2020-08082

Decided: January 31, 2024

BETSY BARROS, J.P., FRANCESCA E. CONNOLLY, ROBERT J. MILLER, PAUL WOOTEN, JJ.

Clair Gjertsen & Weathers PLLC, White Plains, NY (Mary Aufrecht of counsel), for appellant. Hinshaw & Culbertson LLP, New York, NY (Brian S. McGrath of counsel), for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Donna Schaer appeals from two orders of the Supreme Court, Westchester County (Charles D. Wood, J.), both dated September 18, 2020. The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Donna Schaer, to strike that defendant's answer, and for an order of reference. The second order, insofar as appealed from, granted the same relief to the plaintiff and referred the matter to a referee to compute the amount due to the plaintiff.

ORDERED that the appeals are dismissed as academic, without costs or disbursements.

The appeals must be dismissed as academic in light of our determination on a related appeal (see U.S. Bank NA v. Schaer, ––– AD3d –––– [Appellate Division Docket No. 2020–00728; decided herewith]).

BARROS, J.P., CONNOLLY, MILLER and WOOTEN, JJ., concur.

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