NBD 1818 2019 LLC v. JOHNSON (2022)

ORDERED that the final judgment is affirmed, without costs.

Petitioner commenced this post-foreclosure summary proceeding (RPAPL 713 [5]) after obtaining ownership pursuant to a referee's deed, dated December 12, 2019. Occupant moved, in effect, to dismiss the petition and petitioner cross-moved for summary judgment. It was undisputed that the referee's deed was the result of a mortgage foreclosure action commenced in Supreme Court, Kings County, in 2008. In an order dated May 25, 2021, the Civil Court denied occupant's motion and granted petitioner's cross motion, and, pursuant to that order, a final judgment was entered on June 23, 2021.

Contrary to occupant's argument on appeal, the Civil Court properly rejected her challenge to the validity of the foreclosure sale (see Midfirst Bank v Ajala, 68 Misc 3d 134[A], 2020 NY Slip Op 51019[U] [App Term, 9th & 10th Jud Dists 2020]; JVJC Corp. v Hampton, 66 Misc 3d 142[A], 2020 NY Slip Op 50158[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2020]). Indeed, “the judgment of foreclosure and sale was final as to all issues and defenses that might have been litigated in the foreclosure action, and the Supreme Court's determination is not subject to collateral attack in the [Civil] Court” (Nassau Homes Corp. v Shuster, 33 Misc 3d 130[A], 2011 NY Slip Op 51861[U], *1 [App Term, 2d Dept, 9th & 10th Jud Dists 2011] [internal citations omitted]; see also Banker's Trust v Corbin, 14 Misc 3d 136[A], 2007 NY Slip Op 50239[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2007]). Occupant therefore presents no basis to disturb the final judgment.

Accordingly, the final judgment is affirmed.

ALIOTTA, P.J., WESTON and BUGGS, JJ., concur.