Moret, LLC v. NewBank

194 A.D.3d 809

143 N.Y.S.3d 903 (Mem)

MORET, LLC, respondent,

v.NEWBANK, appellant, et al., defendants.

2019–01919

Index No. 608402/18

Supreme Court, Appellate Division, Second Department, New York.

Argued—April 19, 2021

May 12, 2021

Weiss Zarett Brofman Sonnenklar & Levy, P.C., New Hyde Park, N.Y. (Michael J. Spithogiannis of counsel), for appellant.

Levy & Levy, Great Neck, N.Y. (Joshua Levy and Kenneth Cooperstein of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, HECTOR D. LASALLE, PAUL WOOTEN, JJ.

DECISION & ORDER

In an action to foreclose a tax lien, the defendant NewBank appeals from an order of the Supreme Court, Nassau County (Julianne T. Capetola, J.), entered January 28, 2019. The order denied that defendant's motion to vacate its default in answering the complaint and thereupon, to dismiss the action or, alternatively, for leave to interpose a late answer.

ORDERED that the order is affirmed, with costs.

It is undisputed that the defendant NewBank transferred the property encumbered by the subject tax lien to a third party approximately four months after this action was commenced. Under these circumstances, the Supreme Court properly determined that NewBank no longer had any interest in the property and, therefore, lacked standing to defend the action (see U.S. Bank N.A. v. Davids, 188 A.D.3d 943, 132 N.Y.S.3d 315 ; Totaram v. Gibson, 179 A.D.3d 451, 113 N.Y.S.3d 539 ; Wells Fargo Bank, N.A. v. Munoz, 169 A.D.3d 609, 92 N.Y.S.3d 884 ; NYCTL 1996–1 Trust v. King, 304 A.D.2d 629, 758 N.Y.S.2d 374 ; Bancplus Mtge. Corp. v. Galloway, 203 A.D.2d 222, 610 N.Y.S.2d 60 ).

In light of our...