Cyrilen McWhite, respondent, v. LLC LLC (2022)

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

Cyrilen McWhite, respondent, v. I & I Realty Group, LLC, appellant. (Action No. 1) I & I Realty Group, LLC, appellant, v Cyrilen McWhite, respondent, et al., defendant. (Action No. 2)

2020–07133

Decided: November 30, 2022

FRANCESCA E. CONNOLLY, J.P. JOSEPH J. MALTESE PAUL WOOTEN LARA J. GENOVESI, JJ.

Belowich & Walsh LLP, White Plains, N.Y. (Kerry F. Cunningham and Daniel G. Walsh of counsel), for appellant. Chidi Eze (Schwartz Sladkus Reich Greenberg & Atlas LLP, New York, N.Y. [Andrea J. Caruso], of counsel), for respondent.

Argued—May 17, 2022

DECISION & ORDER

In related actions, inter alia, pursuant to RPAPL article 15 to quiet title to real property, and for reforeclosure of a mortgage pursuant to RPAPL 1503, I & I Realty Group, LLC, the defendant in Action No. 1 and the plaintiff in Action No. 2, appeals from an order of the Supreme Court, Kings County (Peter P. Sweeney, J.), dated August 13, 2020. The order, insofar as appealed from, denied those branches of the motion of I & I Realty Group, LLC, which were for summary judgment on the complaint in Action No. 2 and for summary judgment dismissing the complaint in Action No. 1.

ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on a related appeal (see McWhite v. I & I Realty Group, LLC, _ AD3d_ [Appellate Division Docket No. 2019–08127; decided herewith] ).

CONNOLLY, J.P., MALTESE, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law