Appellate Division affirms denial of CPLR 3211(a)(10) motion to dismiss foreclosure for failure to join necessary parties, finding the motion untimely after entry of judgment of foreclosure and sale.
Second Department affirms mortgage foreclosure judgment, finding plaintiff established standing, default, and RPAPL 1304/1306 compliance, with defendant’s admissions supporting the case.
Second Department affirms dismissal of fraud claims by purchaser who discovered property was not connected to public sewer system post-closing, finding insufficient pleading against all defendants.
Second Department affirms dismissal of tenant’s claims against former property owner for retaliation, invasion of privacy, and property damage, finding insufficient pleading and statute of limitations bar.
Second Department reverses summary judgment for property owner in mechanic’s lien foreclosure, finding triable issues about amounts owed in multi-tier construction contract chain.
Second Department affirms denial of preliminary and Yellowstone injunctions for parking lot licensee, holding license agreement with MTA subsidiary did not create landlord-tenant relationship.
Second Department affirms foreclosure judgment and dismisses appeal from intermediate order that merged into the final judgment of foreclosure and sale.
Second Department affirms dismissal of foreclosure action as time-barred under FAPA, holding voluntary discontinuance of prior action without express revocation of acceleration did not reset statute of limitations.
Second Department affirms foreclosure proceeding after borrower breached repayment plan, holding the plan was a forbearance agreement not a settlement, but directing credit for payments made.
Second Department reverses $32,000 judgment for Fire Island tenant in COVID-19 lease dispute, holding unjust enrichment claim barred by valid lease and frustration of purpose issues remain triable.
Second Department affirms dismissal of breach of warranty action, holding non-transferable construction warranties cannot be enforced by subsequent property owners.