Totaram v. Gibson

179 A.D.3d 451

113 N.Y.S.3d 539 (Mem)

Hetri TOTARAM, Plaintiff–Respondent,

v.Debbie GIBSON, Defendant–Appellant,Cach LLC, et al., Defendants.

10712

Index 380033/15

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

ENTERED: JANUARY 7, 2020

Law Offices of Steven A. Grant, New York (Steven A. Grant of counsel), for appellant.

Robinowitz Cohlan Dubow & Doherty LLP, White Plains (Bruce Minkoff of counsel), for respondent.

Friedman, J.P., Webber, Singh, Moulton, JJ.

Order and judgment of foreclosure and sale (one paper), Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered on or about February 13, 2019, unanimously affirmed, without costs.

Defendant lacks standing to contest the judgment of foreclosure, because she conveyed her interest in the property while the foreclosure action was pending (see Terrapin Indus., LLC v. Bank of N.Y., 137 A.D.3d 569, 27 N.Y.S.3d 153 [1st Dept. 2016] ; Wells Fargo Bank, N.A. v. Munoz, 169 A.D.3d 609, 92 N.Y.S.3d 884 [1st Dept. 2019] ; NYCTL 1996–1 Trust v. King, 13 A.D.3d 429, 430, 787 N.Y.S.2d 61 [2d Dept. 2004] ; Bancplus Mtge. Corp. v. Galloway, 203 A.D.2d 222, 223, 610 N.Y.S.2d 60 [2d Dept. 1994] ). Her attempt to reconvey the property to herself and her son as joint tenants after the notice of pendency was filed does not avail her.

Defendant's argument that her cross motion to reargue and reconsider should not have been transferred to a new Justice is unavailing, because the transfer was administrative (see e.g. C & N Camera & Elecs. v. Public Serv. Mut. Ins. Co., 210 A.D.2d 132, 133, 621 N.Y.S.2d 843 [1st Dept. 1994] ; Dalrymple v. Martin Luther King Community Health Ctr., 127 A.D.2d 69, 72–73, 514 N.Y.S.2d 385 [2d Dept. 1987] ), Billings v. Berkshire Mut. Ins. Co., 133 A.D.2d 919, 919–920, 520 N.Y.S.2d 463 [3d Dept. 1987], lv dismissed 70 N.Y.2d 1002, 526 N.Y.S.2d 438, 521 N.E.2d 445 [1988] ).

We decline to reach defenda...