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FV INC v. LLC (2025)

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

FV–1, INC., etc., respondent, v. Luis E. PALAGUACHI, et al., defendants, Gustavia Home, LLC, appellant.

2022-06537

Decided: January 22, 2025

CHERYL E. CHAMBERS, J.P., VALERIE BRATHWAITE NELSON, CARL J. LANDICINO, LAURENCE L. LOVE, JJ.

Hasbani & Light, P.C., New York, NY (Rafi Hasbani of counsel), for appellant. McCarter & English, LLP, New York, NY (Adam M. Swanson and Bhanuka Y. Mahabamunuge of counsel), for respondent.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Gustavia Home, LLC, appeals from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Queens County (Joseph J. Esposito, J.), entered July 20, 2022.  The order and judgment of foreclosure and sale, insofar as appealed from, upon an order of the same court entered March 9, 2022, inter alia, granting those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Gustavia Home, LLC, and for an order of reference, granted those branches of the plaintiff's motion which were to confirm a referee's report and for a judgment of foreclosure and sale and directed the sale of the subject property.

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

The appeal must be dismissed as academic in light of our determination on a related appeal (see FV–1, Inc. v. Palaguachi, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 264055 [Appellate Division Docket No. 2023–11218;  decided herewith]).

CHAMBERS, J.P., BRATHWAITE NELSON, LANDICINO and LOVE, JJ., concur.

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FV INC v. LLC (2025)

Docket No: 2022-06537

Decided: January 22, 2025

Court: Supreme Court, Appellate Division, Second Department, New York.

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