Singer v. Federal National Mortgage Association

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------x

Solomon Singer,

Plaintiff, MEMORANDUM & ORDER 19-CV-5992(EK)(TAM) -against-

Federal National Mortgage Association,

Defendant.

------------------------------------x ERIC KOMITEE, United States District Judge: Plaintiff Solomon Singer commenced this quiet-title action against Defendant Federal National Mortgage Association (“FNMA”) in 2019 to cancel a mortgage loan encumbering a property located at 331 Walsh Court in Brooklyn, New York. In a Report and Recommendation (“R&R”) dated August 11, 2022, Magistrate Judge Taryn Merkl recommends that I deny Singer’s motion to strike FNMA’s reply and grant Singer’s motion for summary judgment. R&R, ECF No. 59. FNMA objected on September 1, 2022, see ECF No. 62; Singer replied on September 15, 2022. See ECF No. 66. A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). The district court must review de novo those portions of an R&R to which a party has specifically objected. Id.; Fed. R. Civ. P. 72(b)(3). I have reviewed Judge Merkl’s comprehensive R&R and Defendant’s objections thereto. See ECF No. 62. Notwithstanding Defendant’s objections, and viewing the facts in

the light most favorable to FNMA, see Gallo v. Prudential Residential Servs., Ltd. P’ship, 22 F.3d 1219, 1223 (2d Cir. 1994), I concur with Judge Merkl’s recommendations and conclude that Singer is entitled to summary judgment. Thus, I adopt the R&R in its entirety. Singer’s motion for summary judgment is GRANTED. Singer’s motion to strike is DENIED, also for the reasons stated in the R&R. SO ORDERED.

__/s/ Eric Komitee ERIC KOMITEE United States District Judge

Dated: October 4, 2022 Brooklyn, New York