Greenpoint Savings Bank v. Avila

Appellate Division of the Supreme Court of New York

Greenpoint Savings Bank v. Avila

130 A.D.3d 977, 12 N.Y.S.3d 915

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 29, 2015

StatusPublished

This text of 130 A.D.3d 977 (Greenpoint Savings Bank v. Avila) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Greenpoint Savings Bank v. Avila, 130 A.D.3d 977, 12 N.Y.S.3d 915 (N.Y. Ct. App. 2015).

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Opinion

In an action to foreclose a mortgage, nonparty Charis Sachtouris appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Bayne, J.), dated June 14, 2013, as denied her motion, inter alia, for certain declaratory relief.

Ordered that the order is affirmed insofar as appealed from, with on bill of costs.

After being denied certain relief in a tax lien foreclosure action before a different Justice of the Supreme Court, the appellant moved in this mortgage foreclosure action relating to the [978]*978same property, as successor in interest to the plaintiff, for certain declaratory relief relating to the tax lien foreclosure action. In order to seek review of the issues raised in the tax lien foreclosure action, the appellant’s remedy, of which she availed herself (see NYCTL 1998-2 Trust v Avila, 130 AD3d 993 [2015] [decided herewith]), was to appeal the denial of her motion in that action (see CPLR 5701 [a]). Accordingly, the Supreme Court properly denied the instant motion. Skelos, J.P., Hall, Austin and Sgroi, JJ., concur.

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In an action to foreclose a mortgage, nonparty Charis Sachtouris appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Bayne, J.), dated June 14, 2013, as denied her motion, inter alia, for certain declaratory relief.

Ordered that the order is affirmed insofar as appealed from, with on bill of costs.

After being denied certain relief in a tax lien foreclosure action before a different Justice of the Supreme Court, the appellant moved in this mortgage foreclosure action relating to the [978]*978same property, as successor in interest to the plaintiff, for certain declaratory relief relating to the tax lien foreclosure action. In order to seek review of the issues raised in the tax lien foreclosure action, the appellant’s remedy, of which she availed herself (see NYCTL 1998-2 Trust v Avila, 130 AD3d 993 [2015] [decided herewith]), was to appeal the denial of her motion in that action (see CPLR 5701 [a]). Accordingly, the Supreme Court properly denied the instant motion. Skelos, J.P., Hall, Austin and Sgroi, JJ., concur.

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Bluebook (online)

130 A.D.3d 977, 12 N.Y.S.3d 915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenpoint-savings-bank-v-avila-nyappdiv-2015.

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