BANK NATIONAL ASSOCIATION v. CW 105 LLC (2025)

Supreme Court, Appellate Division, First Department, New York.

U.S. BANK NATIONAL ASSOCIATION etc., et al., Plaintiffs–Respondents, v. ALMI FUNDING LLC SERIES 517 W46 LLC sued herein as Almi Funding LLS Series 517 W46 LLC, Defendant–Appellant, L.T. CW 105 LLC et al., Defendants.

3818, M-0055

Decided: March 04, 2025

Kern, J.P., Singh, Friedman, Scarpulla, Shulman, JJ.

Rosenberg Fortuna & Laitman, LLP, Garden City (Christopher Villanti of counsel), for appellant. Hinshaw & Culbertson, LLP, New York (Gabrielle B. Mannuzza of counsel), for respondents.

Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered on or about April 4, 2024, which denied the motion of nonparty Almi Funding LLC (Almi) to, inter alia, vacate a judgment of foreclosure and sale and dismiss the complaint as against defendant Almi Funding LLC Series 517 W46 LLC (Almi Series) pursuant to CPLR 5015(a)(4) and 3211(a)(8), unanimously modified, on the law, to remand the matter for a determination of whether Almi has standing to contest jurisdiction over defendant Almi Series, and if so whether service was proper, and otherwise affirmed, without costs.

The motion court should not have found, sua sponte, that Almi lacked standing to contest service upon Almi Series (see Misicki v. Caradonna, 12 N.Y.3d 511, 519, 882 N.Y.S.2d 375, 909 N.E.2d 1213 [2009]; Andron v. City of New York, 117 A.D.3d 526, 527, 985 N.Y.S.2d 545 [1st Dept. 2014]). Accordingly, the matter should be remanded to allow Almi to submit evidence of standing, to give plaintiff an opportunity to respond, and for further proceedings on the issue of service.

Motion for stay of enforcement of the judgment, denied as moot.

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