WIGGINS v. STATE OF NEW YORK MORTGAGE AGENCY (2026)

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about April 8, 2025, which, to the extent appealed from as limited by the briefs, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The motion court correctly dismissed this action, which seeks the unwinding and vacatur of the foreclosure sale of cooperative shares and propriety lease previously owned by plaintiff.  That relief is not available where, as here, a sale has already occurred under UCC article 9 (see Deeton v. Ruckus 85 Corp., 243 AD3d 436, 437 [1st Dept 2025], citing Atlas MF Mezzanine Borrower, LLC v Macquarie Tex. Loan Holder LLC, 174 AD3d 150, 152 [1st Dept 2019];  Walsh v. Ocwen Loan Servicing, LLC, 217 AD3d 802, 804 [2d Dept 2023] ).  That rule is equally applicable to residential and commercial properties (see Deeton, 243 A.D.2d at 436 [addressing nonjudicial foreclosure of residential cooperative unit] ).  Nor is it relevant that defendant, and not a third-party buyer, purchased the property (see Atlas, 174 AD3d at 163 [unwinding of sale unavailable as a remedy even if purchaser at auction “was a bad faith transferee”] ).