SOLO GROUP LLC SERIES v. Darek J. Harris, et al., Defendants. (2024)

Appeal from order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered on or about July 26, 2023, which, inter alia, denied defendant Gonzalo Dunia's motion to renew and/or vacate (a) an order, same court (Larry S. Schachner, J.), entered on or about May 22, 2017, granting plaintiff summary judgment and an order of reference;  (b) an order, same court (Mitchell J. Danziger, J.), entered on or about July 23, 2018, granting plaintiff's motion for judgment of foreclosure and sale and denying defendant's motion to reargue the May 22, 2017 order;  and (c) a judgment of foreclosure and sale, same court (Mitchell J. Danziger, J.), entered on or about July 26, 2018, unanimously dismissed, without costs, as moot.

On or about July 26, 2018, Supreme Court entered a judgment of foreclosure and sale on the property at issue.  On December 22, 2023, the Referee deeded the property to a bona fide purchaser.  Nothing in the record demonstrates that Dunia sought to stay enforcement of the judgment (see CPLR 5519).  The Referee had the right to sell the property (see Da Silva v. Musso, 76 N.Y.2d 436, 440, 560 N.Y.S.2d 109, 559 N.E.2d 1268 [1990]), and any determination by this Court on appeal will not undo the sale or otherwise affect the rights of the parties.  Accordingly, the appeal is dismissed as moot (see York Holdings v. Shafran, 278 A.D.2d 77, 78, 719 N.Y.S.2d 1 [1st Dept. 2000];  NYCTL 1998–2 Trust v. Equitable Funding Corp., 301 A.D.2d 506, 752 N.Y.S.2d 900 [2d Dept. 2003], lv dismissed 1 N.Y.3d 546, 775 N.Y.S.2d 242, 807 N.E.2d 292 [2003]).

Motion to dismiss the appeal, granted.