Security Pacific National Trust v. Chunassamy

Appellate Division of the Supreme Court of New York

Security Pacific National Trust v. Chunassamy

289 A.D.2d 151, 734 N.Y.S.2d 438, 2001 N.Y. App. Div. LEXIS 12388

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

DecidedDecember 20, 2001

StatusPublished

Cited by4 cases

This text of 289 A.D.2d 151 (Security Pacific National Trust v. Chunassamy) 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

Security Pacific National Trust v. Chunassamy, 289 A.D.2d 151, 734 N.Y.S.2d 438, 2001 N.Y. App. Div. LEXIS 12388 (N.Y. Ct. App. 2001).

Pincite

Opinion

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered January 18, 2000, which, in a mortgage foreclosure action, granted defendant-appellant’s motion to vacate a judgment of foreclosure and sale entered against him on default and to dismiss the complaint as against him for lack of jurisdiction only to the extent of vacating the default judgment, unanimously modified, on the law, to dismiss the complaint as against appellant, and otherwise affirmed, without costs. The Clerk is directed to enter judgment accordingly. Appeal from order, same court and Justice, entered August 24, 2000, which denied appellant’s motion to dismiss the complaint as against him for lack of jurisdiction, unanimously dismissed, without costs, as academic in view of the foregoing.

The motion court’s unchallenged finding that plaintiff failed to make proper service upon appellant requires dismissal of the action as against appellant (CPLR 5015 [a] [4]; see, McMullen v Arnone, 79 AD2d 496, 499; Boorman v Deutsch, 152 AD2d 48, 51-52, lv dismissed 76 NY2d 889). Plaintiff’s arguments are improperly raised for the first time on appeal, and we decline to consider them. Concur — Rosenberger, J. P., Tom, Andrias, Ellerin and Wallach, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered January 18, 2000, which, in a mortgage foreclosure action, granted defendant-appellant’s motion to vacate a judgment of foreclosure and sale entered against him on default and to dismiss the complaint as against him for lack of jurisdiction only to the extent of vacating the default judgment, unanimously modified, on the law, to dismiss the complaint as against appellant, and otherwise affirmed, without costs. The Clerk is directed to enter judgment accordingly. Appeal from order, same court and Justice, entered August 24, 2000, which denied appellant’s motion to dismiss the complaint as against him for lack of jurisdiction, unanimously dismissed, without costs, as academic in view of the foregoing.

The motion court’s unchallenged finding that plaintiff failed to make proper service upon appellant requires dismissal of the action as against appellant (CPLR 5015 [a] [4]; see, McMullen v Arnone, 79 AD2d 496, 499; Boorman v Deutsch, 152 AD2d 48, 51-52, lv dismissed 76 NY2d 889). Plaintiff’s arguments are improperly raised for the first time on appeal, and we decline to consider them. Concur — Rosenberger, J. P., Tom, Andrias, Ellerin and Wallach, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

289 A.D.2d 151, 734 N.Y.S.2d 438, 2001 N.Y. App. Div. LEXIS 12388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/security-pacific-national-trust-v-chunassamy-nyappdiv-2001.

Opinion

Related

Cite This Page — Counsel Stack