In this action on a promissory note, plaintiffs moved by notice of motion for summary judgment and defendants cross-moved for summary judgment dismissing the complaint for lack of standing. The motion court, by interim order, directed the parties to appear before a court attorney referee to determine if plaintiff had possession of the note when the action was commenced. After a hearing, the referee determined that plaintiffs were in possession of the note. Defendants appeal the referee's determination.
Although captioned "Decision and Order," the referee's decision is not an order determining a motion made on notice, pursuant to CPLR 5701[a][2]. The appeal is dismissed, without prejudice to defendants' taking of an appeal from the ultimate disposition of the summary judgment motions.
Ocwen Loan Servicing, LLC v. Pacheco, NY Slip Op 05009 (1st Dep't August 23, 2022)
