NATIONSCREDIT FINANCIAL SERVICES CORPORATION v. Neila Spence-Reid, et al., Defendants. (2004)

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

NATIONSCREDIT FINANCIAL SERVICES CORPORATION, Plaintiff-Respondent, v. Wensley MOORE, Defendant-Appellant, Neila Spence-Reid, et al., Defendants.

Decided: June 29, 2004

TOM, J.P., ANDRIAS, WILLIAMS, MARLOW, GONZALEZ, JJ.

Albert H. Barkey, New York, for appellant. Stim & Warmuth, P.C., Farmingville (Paula J. Warmuth of counsel), for respondent.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered June 16, 2003, which denied defendant-appellant Moore's motion to, inter alia, vacate a judgment of foreclosure and set aside the sale, unanimously affirmed, without costs.

We affirm on the ground that appellant lacked standing to cure a mortgage default under the Bankruptcy Code (11 USC § 1322[c][1] ) because he was not the defaulting mortgagor. The motion court aptly noted that appellant's collateral claim would be properly advanced in a different action.

We have considered appellant's other contentions and find them unavailing.

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