Mortg. Elec. Registration Sys., Inc. v. Congregation Shoneh Halochos

• Citation: 132 N.Y.S.3d 885 (Mem),189 A.D.3d 820
• Decision Date: 02 December 2020
• Docket Number: Index No.31813/09,2017–13298
• Parties: MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., etc., et al., Appellants, v. CONGREGATION SHONEH HALOCHOS, etc., Respondent, et al., Defendants.
• Court: New York Supreme Court Appellate Division

189 A.D.3d 820

132 N.Y.S.3d 885 (Mem)

MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., etc., et al., Appellants,

v.CONGREGATION SHONEH HALOCHOS, etc., Respondent, et al., Defendants.

2017–13298

Index No.31813/09

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

December 2, 2020

Submitted—September 17, 2020

McLaughlin & Stern LLP, Great Neck, N.Y. (Todd Harris Hesekiel and Benjamin S. Kaplan of counsel), for appellants.

ALAN D. SCHEINKMAN, P.J., HECTOR D. LASALLE, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

In an action pursuant to RPAPL article 15 to quiet title to real property and for declaratory relief, the plaintiffs appeal from an order of the Supreme Court, Kings County (Devin P. Cohen, J.), dated June 23, 2017. The order granted those branches of the motion of the defendant Congregation Shoneh Halochos which were pursuant to CPLR 5015(a)(4) to vacate so much of an order and judgment (one paper) of the same court (Ellen M. Spodek, J.) dated April 16, 2011, as granted the plaintiffs' motion for leave to enter a default judgment against the defendant Congregation Shoneh Halochos, and to dismiss the amended complaint insofar as asserted against it for lack of personal jurisdiction, and thereupon, directed dismissal of the amended complaint in its entirety.

ORDERED that the appeal from the order is dismissed, without costs or disbursements, as the order appealed from was superseded by an order of the same court dated August 30, 2018, made upon reargument (see Mortgage Electronic Registration System, Inc. v. Congregation Shoneh Halochos, 189 A.D.3d 820, ––– N.Y.S.3d –––– [Appellate Division Docket No. 2019–04735; decided herewith] ).

SCHEINKMAN, P.J., LASALLE, BRATHWAITE NELSON and IANNACCI, JJ., concur.