Brooklyn homeowner’s foreclosure appeal denied by Appellate Division

January 29, 2024 Robert Abruzzese, Courthouse Editor

Hon. Ingrid Joseph, Justice of the Kings County Supreme Court.
Photo: Robert Abruzzese/Brooklyn Eagle

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The Appellate Division affirmed the foreclosure and sale order against Brooklyn homeowner Anna Moses, as initially decreed by the Supreme Court, Kings County, under Judge Ingrid Joseph. This ruling stemmed from a mortgage foreclosure action initiated by Deutsche Bank National Trust Company in 2008.

Represented by Andrea Gross, Moses had appealed two orders dated July 9, 2019, which confirmed a referee’s report and granted a judgment of foreclosure and sale, while also dismissing her cross-motion. Her cross-motion aimed to vacate the order of reference and to dismiss the complaint, arguing for a lack of personal jurisdiction.

The case revolved around Moses’s failure to appear or answer the initial complaint, resulting in a 2010 order of reference. Despite a 2013 dismissal due to complaint abandonment, the action was reinstated in 2018 when Moses again failed to appear at a calendar call.

The Appellate Division’s decision hinged on the process server’s affidavit, which established a prima facie evidence of valid service. Moses’ rebuttal was deemed insufficient to challenge the presumption of proper service. The court also determined that Moses failed to present a meritorious defense against the bank’s motion to vacate the dismissal order and restore the action to the court’s active calendar.