LASALLE BANK NATIONAL ASSOCIATION v. LAWRENCE (2020)

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Wayne Lawrence appeals from an order of the Supreme Court, Kings County (Mark I. Partnow, J.), dated February 28, 2017. The order, insofar as appealed from, granted the plaintiff's motion pursuant to CPLR 3025(b) for leave to serve a supplemental summons and amended complaint so as to add 436 Franklin Realty, LLC, as an additional defendant.

ORDERED that the appeal is dismissed, without costs or disbursements, as the defendant Wayne Lawrence is not aggrieved by the portion of the order appealed from (see CPLR 5511).

“[A]n appellate court's scope of review with respect to an appellant, once an appeal has been timely taken, is generally limited to those parts of the judgment [or order] that have been appealed and that aggrieve the appealing party” (Hecht v. City of New York, 60 N.Y.2d 57, 61, 467 N.Y.S.2d 187, 454 N.E.2d 527; see Citimortgage, Inc. v. Etienne, 172 A.D.3d 808, 809, 101 N.Y.S.3d 59). “Generally, ․ a person is aggrieved when someone asks for relief against him or her, which the person opposes, and the relief is granted in whole or in part” (Citimortgage, Inc. v. Etienne, 172 A.D.3d at 809, 101 N.Y.S.3d 59 [internal quotation marks omitted] ). Here, the appellant is not aggrieved by the portion of the order appealed from granting the plaintiff's motion pursuant to CPLR 3025(b) for leave to serve a supplemental summons and amended complaint so as to add 436 Franklin Realty, LLC, as an additional defendant (see CPLR 5511; Citimortgage, Inc. v. Weaver, 163 A.D.3d 625, 626, 80 N.Y.S.3d 469). Since that is the only portion of the order from which the appellant appeals, the appeal must be dismissed (see CPLR 5511; Hecht v. City of New York, 60 N.Y.2d at 61, 467 N.Y.S.2d 187, 454 N.E.2d 527; Citimortgage, Inc. v. Etienne, 172 A.D.3d at 809, 101 N.Y.S.3d 59).

RIVERA, J.P., BALKIN, LEVENTHAL and IANNACCI, JJ., concur.