By Duffy, J.P.; Chambers, Maltese, Wooten, JJ.
DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., res, v. ROSEMARY GRODER, app, ET AL., def — (Index No. 2588/15) Charles R. Cuneo, P.C., Huntington, NY, for appellant. McCalla Raymer Leibert Pierce, LLC, New York, NY (Margaret S. Stefandl of counsel), for respondent. In an action to foreclose a mortgage, the defendant Rosemary Groder appeals from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Nassau County (David P. Sullivan, J.), entered September 22, 2022. The order and judgment of foreclosure and sale, upon an order of the same court (Thomas A. Adams, J.) entered September 5, 2017, inter alia, denying the cross-motion of the defendant Rosemary Groder pursuant to CPLR 3025(b) for leave to amend her answer to assert the affirmative defenses of lack of personal jurisdiction due to improper service of process and, in effect, lack of standing, upon an order of the same court (Thomas A. Adams, J.) entered September 16, 2019, inter alia, granting those branches of the plaintiff’s motion which were for summary judgment on the complaint insofar as asserted against the defendant Rosemary Groder, to strike that defendant’s answer, and for an order of reference, and upon an order of the same court (Thomas A. Adams, J.) also entered September 16, 2019, inter alia, granting the same relief to the plaintiff and appointing a referee to compute the amount due to the plaintiff, granted the plaintiff’s motion to confirm the referee’s report and for a judgment of foreclosure and sale, confirmed the referee’s report, and directed the sale of the real property at issue. ORDERED that the order and judgment of foreclosure and sale is reversed, on the law, with costs, the cross-motion of the defendant Rosemary Groder pursuant to CPLR 3025(b) for leave to amend her answer to assert the affirmative defenses of lack of personal jurisdiction due to improper service of process and, in effect, lack of standing is granted, those branches of the plaintiff’s motion which were for summary judgment on the complaint insofar as asserted against the defendant Rosemary Groder, to strike that defendant’s answer, and for an order of reference are denied, the plaintiff’s motion to confirm the referee’s report and for a judgment of foreclosure and sale is denied, and the order entered September 5, 2017, and the orders entered September 16, 2019, are modified accordingly. In March 2015, the plaintiff commenced this action against, among others, the defendant Rosemary Groder (hereinafter the defendant) to foreclose a mortgage encumbering real property located in Nassau County. The defendant interposed an answer but did not assert lack of standing or lack of personal jurisdiction as affirmative defenses. Thereafter, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant, to strike her answer, and for an order of reference. The defendant opposed the motion and cross-moved pursuant to CPLR 3025(b) for leave to amend her answer to assert the affirmative defenses of lack of personal jurisdiction due to improper service of process and, in effect, lack of standing. By order entered September 5, 2017, the Supreme Court, inter alia, denied the defendant’s cross-motion. Thereafter, in two orders entered September 16, 2019, the court, inter alia, granted those branches of the plaintiff’s motion which were for summary judgment on the complaint insofar as asserted against the defendant, to strike her answer, and for an order of reference. An order and judgment of foreclosure and sale was entered on September 22, 2022, granting the plaintiff’s motion to confirm the referee’s report and for a judgment of foreclosure and sale, confirming the referee’s report, and directing the sale of the property. The defendant appeals.
