NYCTL 2004-A Trust v. Faysal

Appellate Division of the Supreme Court of New York

NYCTL 2004-A Trust v. Faysal

62 A.D.3d 409, 877 N.Y.S.2d 686

Appellate Division of the Supreme Court of the State of New York·Decided May 5, 2009·Published·Cited by 1 cases

Opinion

Order, Supreme Court, Bronx County (Howard R.Silver, J.), entered September 19, 2008, which denied defendant Masjid-Al Faysal’s motion to vacate the default judgment of foreclosure and sale of its property and to enjoin or annul the delivery of the deed to the purchaser, unanimously reversed, on the law, with costs, the motion granted, and the complaint dismissed for lack of jurisdiction. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Plaintiffs failed to properly serve defendant, a corporation (see CPLR 311 [a] [1]; Business Corporation Law § 306 [b]; Gouiran Family Trust v Gouiran, 40 AD3d 400, 401 [2007] [“CPLR 308 (5) provides for special service upon natural persons only”]). Accordingly, the judgment must be vacated and the action dismissed (CPLR 5015 [a] [4]; Security Pac. Natl. Trust [N.Y.] v Chunassamy, 289 AD2d 151 [2001]; Resolution Trust Corp. v Beck, 243 AD2d 307 [1997]). Concur—Gonzalez, P.J., Buckley, Catterson and McGuire, JJ.

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Order, Supreme Court, Bronx County (Howard R.Silver, J.), entered September 19, 2008, which denied defendant Masjid-Al Faysal’s motion to vacate the default judgment of foreclosure and sale of its property and to enjoin or annul the delivery of the deed to the purchaser, unanimously reversed, on the law, with costs, the motion granted, and the complaint dismissed for lack of jurisdiction. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Plaintiffs failed to properly serve defendant, a corporation (see CPLR 311 [a] [1]; Business Corporation Law § 306 [b]; Gouiran Family Trust v Gouiran, 40 AD3d 400, 401 [2007] [“CPLR 308 (5) provides for special service upon natural persons only”]). Accordingly, the judgment must be vacated and the action dismissed (CPLR 5015 [a] [4]; Security Pac. Natl. Trust [N.Y.] v Chunassamy, 289 AD2d 151 [2001]; Resolution Trust Corp. v Beck, 243 AD2d 307 [1997]). Concur—Gonzalez, P.J., Buckley, Catterson and McGuire, JJ.

NYCTL 2004-A Trust v. Faysal, 62 A.D.3d 409, 877 N.Y.S.2d 686 (N.Y. Ct. App. 2009).

Pincite

62 A.D.3d 409 (NYCTL 2004-A Trust v. Faysal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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