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Decided on February 3, 2009
Supreme Court, Kings County

18236/08
Eun J. Torres, Esq. of Eschen Frenkel Weisman & Gordon, LLP represented plaintiff. Arthur M. Schack, J.
In this mortgage foreclosure action for the premises located at 345 Dewitt Avenue, Brooklyn, New York (Block 3874, Lot 57, County of Kings) plaintiff THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-22 [BNY], moves for: summary judgment, pursuant to CPLR Rule 3212, striking the answer of defendant CREMSTON MYERS [MYERS]; and, upon the default of all other defendants, an order of reference to compute the amount due to plaintiff. Plaintiff's motion is denied without prejudice, with leave to renew the instant motion, within sixty (60) days of this decision and order, with submission of: an affidavit by Keri Selman, Assistant Vice President of plaintiff BNY, detailing her employment history for the past three years and explaining why a conflict of interest does not exist where she acted as the assignor of the instant mortgage and note to BNY and served as an officer of assignee BNY; an affidavit from an officer of the original mortgagor, HOMEBRIDGE MORTGAGE BANKERS CORP. [HOMEBRIDGE], explaining whether HOMEBRIDGE was aware of Ms. Selman's conflict of interest, and if Ms. Selman, in her dual roles as Assistant Vice President of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. [MERS], the nominee for HOMEBRIDGE, and as Assistant Vice President of BNY, fully disclosed to HOMEBRIDGE the implications of [*2]her simultaneous representation of MERS and BNY and the advantages and risks involved; and, an affidavit or affirmation identifying whether the instant mortgage loan, pursuant to L 2008, ch 472,

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