Emigrant Savings Bank, as assignee of Emigrant Mortgage Company, Inc., appellant, v Hyergene F. Walters, as executrix of the estate of Glovern Monia Blair, et al., defendants.

September 28, 2017

Borchert & LaSpina, P.C., Whitestone, NY (Helmut Borchert and Edward A. Vincent of counsel), for appellant.

Appeal from an order of the Supreme Court, Kings County (Debra Silber, J.), dated June 3, 2016. The order denied the plaintiff’s unopposed motion for leave to serve and file a supplemental and amended summons and complaint.

ORDERED that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and the plaintiff’s motion for leave to serve and file a supplemental and amended summons and complaint is granted.

In this mortgage foreclosure action, the plaintiff moved for leave to serve and file a supplemental and amended summons and complaint in order to add certain parties as defendants and assert a cause of action to quiet title to the mortgaged premises pursuant to RPAPL 1501. The Supreme Court denied the plaintiff’s motion, concluding, in essence, that a mortgagee could not maintain a cause of action to quiet title.

View Decision and Order (PDF)