U.S. Bank N.A. v. Moschetta

Summary

The Appellate Division, Second Department affirmed an order granting a mortgage foreclosure plaintiff's motion to confirm a referee's report and supplemental report and for a judgment of foreclosure and sale. The court held that the referee's findings were substantially supported by the record and determined that the defendant's challenges to the interest calculation and date of default were unpreserved.

Holdings

1. A referee's report should be confirmed when its findings are substantially supported by the record and the referee clearly defined the issues and resolved matters of credibility. The referee's findings here satisfied that standard.
2. The defendant's contentions that the interest calculation was based on unproduced business records and that there was insufficient evidence of the date of default were unpreserved for appellate review.

Questions Presented

1. Whether the Supreme Court properly confirmed the referee's report and supplemental report concerning the amount of unpaid principal and interest and the sale of the property in one parcel.
2. Whether the defendant's challenges to the calculation of interest and the evidence concerning the date of default were preserved for appellate review.

Disposition

affirmed