First United Mortg. Banking Corp. v. Lawani, 147 A.D.3d 912

February 15, 2017

Background: Mortgagee brought foreclosure action against mortgagor. The Supreme Court, Kings County, Silber, J., denied mortgagee’s unopposed motion for order of reference, leave to enter default judgment, and leave to amend caption, and sua sponte, dismissed complaint. Mortgagee appealed.

[Holding:] The Supreme Court, Appellate Division, held that trial court erred when it, sua sponte, dismissed mortgagee’s foreclosure complaint.

 Reversed and remitted.