NationsCredit Financial Services Corp. v. Moore

Appellate Division of the Supreme Court of New York

NationsCredit Financial Services Corp. v. Moore

8 A.D.3d 209, 780 N.Y.S.2d 564, 2004 N.Y. App. Div. LEXIS 8917

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

DecidedJune 29, 2004

StatusPublished

This text of 8 A.D.3d 209 (NationsCredit Financial Services Corp. v. Moore) 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

NationsCredit Financial Services Corp. v. Moore, 8 A.D.3d 209, 780 N.Y.S.2d 564, 2004 N.Y. App. Div. LEXIS 8917 (N.Y. Ct. App. 2004).

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Opinion

[210]*210Order, Supreme Court, Bronx County (Bertram Katz, J.), entered June 16, 2003, which denied defendant-appellant Moore’s motion to, inter alia, vacate a judgment of foreclosure and set aside the sale, unanimously affirmed, without costs.

We affirm on the ground that appellant lacked standing to cure a mortgage default under the Bankruptcy Code (11 USC § 1322 [c] [1]) because he was not the defaulting mortgagor. The motion court aptly noted that appellant’s collateral claim would be properly advanced in a different action.

We have considered appellant’s other contentions and find them unavailing. Concur—Tom, J.P., Andrias, Williams, Marlow and Gonzalez, JJ.

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[210]*210Order, Supreme Court, Bronx County (Bertram Katz, J.), entered June 16, 2003, which denied defendant-appellant Moore’s motion to, inter alia, vacate a judgment of foreclosure and set aside the sale, unanimously affirmed, without costs.

We affirm on the ground that appellant lacked standing to cure a mortgage default under the Bankruptcy Code (11 USC § 1322 [c] [1]) because he was not the defaulting mortgagor. The motion court aptly noted that appellant’s collateral claim would be properly advanced in a different action.

We have considered appellant’s other contentions and find them unavailing. Concur—Tom, J.P., Andrias, Williams, Marlow and Gonzalez, JJ.

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Bluebook (online)

8 A.D.3d 209, 780 N.Y.S.2d 564, 2004 N.Y. App. Div. LEXIS 8917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationscredit-financial-services-corp-v-moore-nyappdiv-2004.

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