SHARESTATES INVESTMENTS LLC v. 2774 ATLANTIC AVE LLC (2025)

DECISION & ORDER

In an action to foreclose a mortgage, the defendants 2774 Atlantic Ave, LLC, Joel Rolnitzky, 2774 Atlantic Ave JBH, LLC, sued herein as 2774 Atlantic Ave J8H, LLC, Five Unit Homes, LLC, and Diros Marketing Corp. appeal from two orders of the Supreme Court, Kings County (Lawrence Knipel, J.), both dated October 12, 2022.  The first order, insofar as appealed from, granted those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against those defendants, to strike the answer of those defendants, and for an order of reference.  The second order, insofar as appealed from, granted the same relief to the plaintiff, struck the answer of those defendants, and appointed a referee to compute the amount due on the note.

ORDERED that the appeals are dismissed, without costs or disbursements.

The appeals from the orders must be dismissed because the right of direct appeal therefrom terminated with the entry of the order and judgment of foreclosure and sale in the action (see Matter of Aho, 39 N.Y.2d 241, 248, 383 N.Y.S.2d 285, 347 N.E.2d 647).  Contrary to the plaintiff's contention, the issues raised on the appeals from the orders are brought up for review and are considered on the appeal from the order and judgment of foreclosure and sale (Sharestates Investments, LLC v. 2774 Atlantic Ave, LLC, ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 2055337 [Appellate Division Docket Nos.2023–06189, 2023–06191;  decided herewith];  see CPLR 5501[a][1];  Matter of Aho, 39 N.Y.2d at 248, 383 N.Y.S.2d 285, 347 N.E.2d 647;  Nationstar Mortgage, LLC v. Medina, 230 A.D.3d 1330, 1330–1331, 217 N.Y.S.3d 243;  cf.  Bonczar v. American Multi–Cinema, Inc., 38 N.Y.3d 1023, 1025–1026, 168 N.Y.S.3d 711, 188 N.E.3d 1000).

GENOVESI, J.P., BRATHWAITE NELSON, VOUTSINAS and GOLIA, JJ., concur.