New Century Mortgage Corp. v. Kogan

KINGS COUNTY
Civil Practice

New York Law Journal

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Justice Francois Rivera

New Century Mortgage (NCM) moved to vacate an order dismissing this complaint and leave to reargue its application for an order of reference in this unopposed mortgage foreclosure action. The court noted NCM's failure to include the originally submitted motion papers rendered this reargument application procedurally defective. Also, it found this motion for reargument was made more than three years after entry of the denial order, thus was untimely. Further, the court declined to use its discretion to reconsider, ruling NCM failed to state the law or facts the court allegedly misapprehended or misunderstood. Hence, it denied NCM's motion for reargument and an order of reference. The court also found NCM failed to comply with an order directing its attorney to comply with Administrative Order 548/10, and denied vacatur of dismissal finding NCM's current counsel's claim of law office failure did not provide a reasonable excuse for non-compliance, nor could it find the motion for an order of reference meritorious. Finally, the court concluded NCM did not own the mortgage and note at the time it commenced the instant action, thus lacked standing to commence the suit or move for an order of reference, denying the motions entirely.

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