WILMINGTON SAVINGS FUND SOCIETY v. Zong Lau, et al., Defendants–Appellants. (2025)

Judgment of foreclosure and sale, Supreme Court, New York County (Francis A. Kahn III, J.), entered May 5, 2022, in favor of plaintiff, unanimously affirmed, without costs.  Order, same court and Justice, entered on or about August 12, 2024, which granted plaintiff's motion to extend the time to conduct the foreclosure sale and denied defendant Zong Lau's cross-motion to cancel the notice of pendency, unanimously affirmed, without costs.

The argument of defendants Zong Lau and Hui Lau (defendants) that the judgment of foreclosure and sale should be vacated is unavailing.  This Court's determination that defendants are necessary parties to this action as Jsang Lau's distributees (see Wilmington Sav. Fund Socy. v. Jsang Kei Lau, 232 A.D.3d 433, 219 N.Y.S.3d 676 [1st Dept. 2024]), rendered after entry of the judgment of foreclosure, does not afford a basis to argue that Jsang's death affected the merits of this action (see Wells Fargo Bank, N.A. v. Miglio, 197 A.D.3d 776, 777, 150 N.Y.S.3d 592 [2d Dept. 2021]).  Prior to his death, Jsang opposed entry of the judgment of foreclosure and entered into a binding stipulation of settlement.  Our determination concerning defendants does not alter nor invalidate the fact of Jsang's underlying default, nor the binding stipulation to settle the foreclosure action, which he violated by failing to remit payment, all occurring prior to his death.

The extension of time to hold the foreclosure sale was properly granted upon a showing of good cause, as the foreclosure sale originally scheduled for November 2022 was delayed, in large part, due to extensive motion practice and defendants’ prior appeal (see Bank of Am., N.A. v. Cord, 214 A.D.3d 934, 935–936, 187 N.Y.S.3d 68 [2d Dept. 2023]).

The filing of a successive notice of pendency was proper to preserve plaintiff's lien rights and provide public notice of the pending litigation affecting title to real property (CPLR 6516[a]).

We have considered defendants’ remaining arguments and find them unavailing.