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WELLS FARGO BANK, N.A., ETC., ap, v. DIALA MORGAN, RESPONDENT def

WELLS FARGO BANK, N.A., ETC., ap, v. DIALA MORGAN, RESPONDENT def — (INDEX NO. 31161/07)In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Grays, J.), entered April 30, 2014, which denied that branch of its motion which was for summary judgment on the complaint and granted the cross motion of the defendant Diala Morgan for leave to amend her answer pursuant to CPLR 3025(b), inter alia, to add the proposed affirmative defense of lack of standing, and to deem the proposed amended answer served and filed nunc pro tunc, and to dismiss the complaint insofar as asserted against her pursuant to CPLR 3211(a) on the ground that the plaintiff lacked standing to commence the action.

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WELLS FARGO BANK, N.A., ETC., ap, v. DIALA MORGAN, RESPONDENT def — (INDEX NO. 31161/07)In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Grays, J.), entered April 30, 2014, which denied that branch of its motion which was for summary judgment on the complaint and granted the cross motion of the defendant Diala Morgan for leave to amend her answer pursuant to CPLR 3025(b), inter alia, to add the proposed affirmative defense of lack of standing, and to deem the proposed amended answer served and filed nunc pro tunc, and to dismiss the complaint insofar as asserted against her pursuant to CPLR 3211(a) on the ground that the plaintiff lacked standing to commence the action.

ORDERED that order is reversed, on the law, on the facts, and in the exercise of discretion, with costs, that branch of the plaintiff’s motion which was for summary judgment on the complaint is granted, and the cross motion of the defendant Diala Morgan is denied.

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