B AND H FLORIDA NOTES LLC, plf-res, v. ALEXANDER ASHKENAZI def, AMIT LOUZON, def-ap

2847-2848. B AND H FLORIDA NOTES LLC, plf-res, v. ALEXANDER ASHKENAZI def, AMIT LOUZON, def-ap — McLaughlin & Stern, LLP, Great Neck (John M. Brickman of counsel), for ap — Marc Scollar Law Office, Staten Island (Marc Scollar of counsel), for res — Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered June 10, 2015, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for summary judgment against defendant Amit Louzon, denied Louzon's cross motion for summary judgment dismissing the complaint against him, and denied Louzon's motion to amend his pleadings, unanimously modified, on the law, to the extent of denying plaintiff's motion for summary judgment, granting Louzon's motion to amend his answer to add the affirmative defense of lack of standing, and otherwise affirmed, without costs; and order, same court and Justice, entered July 31, 2015, which, to the extent appealed from as limited by the briefs, upon plaintiff's motion, appointed a referee to compute the sums due plaintiff under a note and New York mortgage, unanimously reversed, without costs, and the appointment vacated.

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2847-2848. B AND H FLORIDA NOTES LLC, plf-res, v. ALEXANDER ASHKENAZI def, AMIT LOUZON, def-ap — McLaughlin & Stern, LLP, Great Neck (John M. Brickman of counsel), for ap — Marc Scollar Law Office, Staten Island (Marc Scollar of counsel), for res — Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered June 10, 2015, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion for summary judgment against defendant Amit Louzon, denied Louzon’s cross motion for summary judgment dismissing the complaint against him, and denied Louzon’s motion to amend his pleadings, unanimously modified, on the law, to the extent of denying plaintiff’s motion for summary judgment, granting Louzon’s motion to amend his answer to add the affirmative defense of lack of standing, and otherwise affirmed, without costs; and order, same court and Justice, entered July 31, 2015, which, to the extent appealed from as limited by the briefs, upon plaintiff’s motion, appointed a referee to compute the sums due plaintiff under a note and New York mortgage, unanimously reversed, without costs, and the appointment vacated.

Pursuant to CPLR 1018, nonparty W89D5 LLC may continue to prosecute this appeal in Louzon’s name, despite Louzon having transferred his interest in the premises to W89D5, which he solely owns, and which neither party has requested be substituted in this action (Central Fed. Sav. v. 405 W. 45th St., 242 AD2d 512 [1st Dept 1997]; cf. HSBC Guyerzeller Bank AG v. Chascona N.V., 66 AD3d 488, 489 [1st Dept 2009] [party was properly substituted as the foreclosure plaintiff]).

B AND H FLORIDA NOTES LLC, plf-res, v. ALEXANDER ASHKENAZI def, AMIT LOUZON, def-ap

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