New Penn Fin., LLC v. Dancy

Summary

In this mortgage foreclosure action, the Appellate Division, Second Department reviewed an order appointing a successor referee and substituting U.S. Bank Trust National Association as the plaintiff. The court affirmed the appointment of the successor referee but held that the plaintiff had not demonstrated that U.S. Bank had an interest in the action, requiring denial of the caption-substitution request under CPLR 1018. The order was modified accordingly and otherwise affirmed.

Holdings

1. The Supreme Court properly granted the plaintiff's motion to appoint a successor referee.
2. The Supreme Court improvidently exercised its discretion by granting leave to amend the caption to substitute U.S. Bank as plaintiff because the plaintiff failed to demonstrate that U.S. Bank had an interest in the action.

Questions Presented

1. Whether the Supreme Court properly appointed a successor referee in the mortgage-foreclosure action.
2. Whether the Supreme Court properly granted leave to amend the caption to substitute U.S. Bank Trust National Association, as owner trustee for RCF 2 Acquisition Trust, as the plaintiff under CPLR 1018.

Disposition

reversed_and_remanded