21ST MORTGAGE CORPORATION v. Renaissance Economic Development Corporation, Defendant-Appellant. (2025)

Order, Supreme Court, New York County (Francis A. Kahn, III, J.), entered on or about October 21, 2024, which denied defendant Renaissance Economic Development Corporation's motion to stay and vacate the judgment of foreclosure and sale and for renewal of its motion for summary judgment, unanimously affirmed, with costs.

Supreme Court rendered its judgment of foreclosure and sale on July 12, 2023.  The judgment sufficiently drew attention to the filing date via the computer generated stamp across the top (compare Pac Fung Feather Co. Ltd. v. Porthault NA LLC, 140 A.D.3d 576, 577, 33 N.Y.S.3d 691 [1st Dept. 2016]).  Therefore, plaintiff's July 27, 2023 notice of entry correctly stated that the judgment of foreclosure and sale was entered by the County Clerk on July 12, 2023 (cf.  Baranello v. Westchester Sq. Med. Ctr., 282 A.D.2d 259, 259, 722 N.Y.S.2d 863 [1st Dept. 2001]).  Accordingly, Renaissance's motion for leave to renew pursuant to CPLR 2221(e)(2), based on a change in the law with the enactment of the Foreclosure Abuse Prevention Act, was untimely because it was not made before the time to appeal the final judgment expired (see U.S. Bank N.A. v. Gallant, 237 A.D.3d 522, 523, 232 N.Y.S.3d 472 [1st Dept. 2025]).

Moreover, the amended judgment dated September 14, 2023, which, sua sponte, corrected certain typographical errors and annexed plaintiff's costs and disbursements, did not affect any substantive appealable rights decided upon the original judgment and would not necessarily supersede the original judgment for purposes of taking an appeal (see Robert Martin Co. v. Town of Greenburgh, 74 N.Y.2d 701, 543 N.Y.S.2d 389, 541 N.E.2d 418 [1989]).