Monday, June 21, 2010

Judge Maltese denies Deustche Bank's motion for a judgment of foreclosure and sale in Richmond County

By Kate Cavallaro
     Law Offices of Robert E. Brown, P.C.

In Deutsche Bank National Trust v. Melancon, Index No. 102996/2008, Judge Maltese has ordered that plaintiff Deutsche Bank’s motion for judgment of foreclosure and sale be denied in its entirety, and with leave to renew upon the completion of discovery and granted Defendant homeowner extended time to serve an answer on the Plaintiff bank. Defendant homeowner is represented by the Law Office of Robert E. Brown. The order notes that the Plaintiff moved for a judgment of foreclosure and sale and that the Plaintiff failed to enter judgment within one year of the Defendant’s purported default pursuant to CPLR 3215(c). Accordingly, the Court notes that due to the failure to enter judgment within one year, the matter must be dismissed as abandoned. In this matter the Defendant opposed Plaintiff’s motion and cross-moved to dismiss the Plaintiff’s complaint and to deny the Plaintiff’s motion for a default judgment. The second branch of Defendant’s cross motion is designated as a motion to extend Defendant’s time to answer. In its decision, the Court states that it relied on the existence of a strong public policy to decide disputes based on the merits and further states that “given the fact that the Plaintiff waited nearly one year to move for a default against the Defendant, and has not demonstrated that it would suffer an prejudice if the Defendant is permitted to interpose a late answer, the Defendant shall be permitted to interpose an answer.”

Justice Maltese currently serves as a Supreme Court Justice for Richmond County, appointed in 1996. In 2002, he was appointed by Chief Administrative Judge, Jonathon Lipman, to serve as Associate Justice for the New York Litigation Coordinating Panel. Previous to these current positions, Justice Maltese served as a judge in the New York City Criminal Court, appointed by the Chief Administrative Judge from 1992 through 1995. He was also elected Judge for the New York City Civil Court for Richmond County from 1992 through 1996. Justice Maltese most recently received a Masters of Judicial Studies in 1995 from the University of Nevada. Justice Maltese also holds a Master of Arts and Master of Science, obtained from New York University in 1991 and Touro College in 2002, respectively. Justice Maltese earned a Bachelor of Arts degree in 1970 and a Juris Doctor in 1973 from New York Law School. In addition to holding several teaching and educational positions Justice Maltese is the author of Expert Testimony: Technical, Scientific & Other Specialized Evidence, NYS Bar Association, Torts, Insurance & Compensation Law Journal, Vol. 30, No. 2, Fall, 2001. Additionally, Joseph Maltese retired from the U.S. Army Reserve after more than 30 years of service in the active and reserve components where he served as an Armor Officer, an Intelligence Officer and as a member of the Judge Advocate General’s Corps. During his last seven years in JAG, he served as a military judge for the U.S. Army Trial Judiciary where he presided over active duty courts-martials in Germany, Panama and at several posts in the U.S. He is a graduate of the U.S. Air Force Air War College, the U.S. Army Command and General Staff College, as well as numerous courses at The Judge Advocate General’s School and The Armor School. After retiring from the U.S. Army Reserve he joined the New York Guard as a Colonel where he served as Staff Judge Advocate to the Commanding General. Joseph Maltese is currently a Brigadier General and the Commander of the 54th Civil Affairs Brigade, which has assisted with the mobilization of thousands of soldiers, sailors and marines who participated in Operation Enduring Freedom and Operation Iraqi Freedom.

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