PALM AVENUE HIALEAH TRUST v. 2166 DEAN LLC (2025)

DECISION & ORDER

In an action, inter alia, to foreclose a mortgage, the defendant 2166 Dean, LLC, appeals from an order of the Supreme Court, Queens County (Ulysses B. Leverett, J.), entered September 14, 2023.  The order, insofar as appealed from, denied those branches of that defendant's motion which were for leave to renew its prior motion pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against it as barred by the statute of limitations, which had been denied in an order of the same court entered May 31, 2022, and, upon renewal, to grant its prior motion, to vacate an order of the same court entered August 8, 2022, granting the plaintiff's motion, among other things, for summary judgment on the complaint insofar as asserted against that defendant and for an order of reference, and to vacate an order and judgment of foreclosure and sale (one paper) of the same court entered January 26, 2023.

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

The appeal from the order entered September 14, 2023, has been rendered academic, as the subject property was sold at a foreclosure sale and the appellant failed to obtain a stay pursuant to CPLR 5519 to prevent the property from being sold (see Federal Natl. Mtge. Assn. v. Darretta, 236 A.D.3d 762, 227 N.Y.S.3d 733;  see also Matter of Huntington Hebrew Congregation of Huntington v. Tanenbaum, 62 A.D.3d 704, 877 N.Y.S.2d 899;  Equicredit Corp. of Am. v. Cabrero, 17 A.D.3d 520, 795 N.Y.S.2d 53).

In view of the foregoing, we do not address the parties’ remaining contentions.

CONNOLLY, J.P., CHRISTOPHER, VOUTSINAS and HOM, JJ., concur.