HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, ap, v. ALFRED DELLA CIOPPA, ET AL, res, ET AL., def

HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, ap, v. ALFRED DELLA CIOPPA, ET AL, res, ET AL., def — (APPEAL NO. 1) HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, res-ap, v. ALFRED DELLA CIOPPA APPELLANTS-RESPONDENTS def — (APPEAL NO. 2) (INDEX NO. 8320/10)In an action to foreclose a mortgage, the defendants Alfred Della Cioppa and Roberta Della Cioppa appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Dutchess County (Rosa, J.), entered August 26, 2014, as, upon an order of the same court dated March 5, 2014, granting their motion for summary judgment dismissing the complaint, sua sponte, deemed the underlying loan current and directed them to resume making monthly payments on the subject loan in the amount of $3,068.63, commencing April 15, 2014, with leave to the plaintiff to commence a new foreclosure action in the event they failed to make any monthly payment. The plaintiff cross-appeals, as limited by its brief, from (1) so much of an order of the same court dated September 3, 2013, as granted those defendants' motion pursuant to CPLR 3126 to impose sanctions on the plaintiff to the extent of prohibiting the plaintiff from producing evidence for which information had been sought by them but not disclosed by the plaintiff, and (2) so much of the judgment as, upon the order dated March 5, 2014, granting those defendants' motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff violated Banking Law §6-m, is in favor of those defendants and against it dismissing the complaint.

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HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, ap, v. ALFRED DELLA CIOPPA, ET AL, res, ET AL., def — (APPEAL NO. 1) HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, res-ap, v. ALFRED DELLA CIOPPA APPELLANTS-RESPONDENTS def — (APPEAL NO. 2) (INDEX NO. 8320/10)In an action to foreclose a mortgage, the defendants Alfred Della Cioppa and Roberta Della Cioppa appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Dutchess County (Rosa, J.), entered August 26, 2014, as, upon an order of the same court dated March 5, 2014, granting their motion for summary judgment dismissing the complaint, sua sponte, deemed the underlying loan current and directed them to resume making monthly payments on the subject loan in the amount of $3,068.63, commencing April 15, 2014, with leave to the plaintiff to commence a new foreclosure action in the event they failed to make any monthly payment. The plaintiff cross-appeals, as limited by its brief, from (1) so much of an order of the same court dated September 3, 2013, as granted those defendants’ motion pursuant to CPLR 3126 to impose sanctions on the plaintiff to the extent of prohibiting the plaintiff from producing evidence for which information had been sought by them but not disclosed by the plaintiff, and (2) so much of the judgment as, upon the order dated March 5, 2014, granting those defendants’ motion for summary judgment dismissing the complaint insofar as asserted against them on the ground that the plaintiff violated Banking Law §6-m, is in favor of those defendants and against it dismissing the complaint.

ORDERED that the cross appeal from the order dated September 3, 2013, is dismissed; and it is further,

HOUSEHOLD FINANCE REALTY CORPORATION OF NEW YORK, ap, v. ALFRED DELLA CIOPPA, ET AL, res, ET AL., def

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