Lamberti v. Plaza Equities, LLC
| Decision Date | 09 May 2018 |
| Docket Number | 2015–06766,Index No. 5244/13 |
| Citation | 77 N.Y.S.3d 420,161 A.D.3d 837 |
| Parties | Mary M. LAMBERTI, appellant, v. PLAZA EQUITIES, LLC, et al., respondents, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
161 A.D.3d 837
77 N.Y.S.3d 420
Mary M. LAMBERTI, appellant,
v.
PLAZA EQUITIES, LLC, et al., respondents, et al., defendants.
2015–06766
Index No. 5244/13
Supreme Court, Appellate Division, Second Department, New York.
Argued—December 12, 2017
May 9, 2018
Michael T. Lamberti, New York, NY, for appellant.
Lawrence and Walsh, P.C., Hempstead, N.Y. (Eric P. Wainer of counsel), for respondents Plaza Equities, LLC, PE–NC, LLC, Petrina (Cherardi) Macaluso, and Scott Kiley, individually and as temporary administrator of the estate of John R. Kiley.
Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola, N.Y. (Loretta M. Gastwirth and Thomas McGowan of counsel), for respondent Private Capital Group, LLC.
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for fraud, the plaintiff appeals from an order of the Supreme Court, Nassau County (Angela G. Iannacci, J.), entered March 31, 2015. The order, insofar as appealed from, granted those branches of the separate motions of the defendant Private Capital Group, LLC, and the defendants Plaza Equities, LLC, and PE–NC, LLC, which were pursuant to CPLR 3211(a)(5) to dismiss the amended complaint insofar as asserted against each of them, and granted that branch of the separate motion of the defendants Petrina (Cherardi) Macaluso and Scott Kiley, individually and as temporary administrator of the estate of John R. Kiley, which was pursuant to CPLR 3211(a)(7) to dismiss the amended complaint insofar as asserted against them.
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
In 1998, the plaintiff, Mary M. Lamberti, obtained a loan in the sum of $300,000 from Greenpoint Mortgage Corp. (hereinafter Greenpoint Mortgage), evidenced by a note and secured by a mortgage encumbering real property in Woodbury, New York. In 2004, an alleged default by Lamberti was settled by stipulation. However, in 2005, Greenpoint Mortgage commenced a mortgage foreclosure action alleging that Lamberti defaulted again. While the foreclosure action was pending, the note and mortgage were assigned several times, first to Copperfield Investments, LLC (hereinafter Copperfield), then to Private Capital Group, LLC (hereinafter Private Capital), subsequently to Plaza Equities, LLC (hereinafter Plaza Equities), and finally to PE–NC, LLC (hereinafter PE–NC).
On an appeal in the foreclosure action, this Court affirmed an order dated October 13, 2010, which, inter alia, denied a motion by Lamberti to dismiss the complaint insofar as asserted against her for lack of standing and granted that branch of a motion by Plaza Equities which was to be added as a party plaintiff (see Greenpoint Mtge. Corp. v. Lamberti , 94 A.D.3d 815, 941 N.Y.S.2d 864 ). On another appeal in the foreclosure action, this Court affirmed so much of an order entered March
12, 2012, as denied that branch of a motion by Lamberti which was for leave to renew a prior cross motion to dismiss the complaint (see Plaza Equities, LLC v. Lamberti , 118...
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