FSB v. Alexander Kogan, appellant, et al., defendants. (2026)

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

Wilmington Savings Fund Society, FSB, etc., respondent, v. Alexander Kogan, appellant, et al., defendants.

2023–07874 (Index No. 507379 /15)

Decided: November 04, 2026

ANGELA G. IANNACCI, J.P. PAUL WOOTEN LAURENCE L. LOVE ELENA GOLDBERG VELAZQUEZ, JJ.

Justin F. Pane, P.C., Bohemia, NY, for appellant. Day Pitney LLP, New York, N.Y. (Christina A. Livorsi of counsel), for respondent.

Argued—April 17, 2026

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Alexander Kogan appeals from an order of the Supreme Court, Kings County (Larry D. Martin, J.), dated May 5, 2023. The order denied that defendant's motion for leave to renew his prior motion pursuant to CPLR 3211(a)(5) to dismiss the complaint insofar as asserted against him as time-barred, which had been denied in an order of the same court (Noach Dear, J.) dated November 4, 2019, or pursuant to CPLR 5015(a) to vacate the order dated November 4, 2019.

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 Wilmington Sav. Fund Socy., FSB v Kogan, _ AD3d _ [Appellate Division Docket No. 2019–13983; decided herewith] ).

IANNACCI, J.P., WOOTEN, LOVE and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

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