WILMINGTON SAVINGS FUND SOCIETY FSB AS TRUSTEE OF RESIDENTIAL CREDIT OPPORTUNITIES TRUST III v. Zong Lau, Non–Party Proposed Intervenor–Appellant. (2024)

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered November 4, 2022, which, to the extent appealed from, denied nonparty proposed intervenor-appellant Zong Lau's motion for substitution and for a stay of the foreclosure sale, unanimously affirmed without costs.

Supreme Court properly denied appellant's motion to be substituted as a personal representative for the decedent and for a stay of the foreclosure sale pending the substitution because the death of the decedent, defendant Jsang Kei Lau, did not affect the merits of this action (CPLR 1015[a];  see Matter of London, 200 A.D.3d 493, 493–494, 160 N.Y.S.3d 14 [1st Dept. 2021];  see also Waterfall Victoria Master Fund, Ltd. v. Dingilian, 92 A.D.3d 593, 594, 939 N.Y.S.2d 40 [1st Dept. 2012]).  The decedent defaulted on the note and mortgage and defaulted under the terms of the stipulation of settlement before his death.  Plaintiff also expressly represented on the record that it would not be seeking a deficiency judgment against the decedent's estate (see Wells Fargo Bank, N.A. v. Miglio, 197 A.D.3d 776, 777, 150 N.Y.S.3d 592 [2d Dept. 2021]).

We have considered and rejected appellant's remaining arguments.