Nationstar Mortg., LLC v. Chase

• Decision Date: 24 August 2022
• Docket Number: 2019–04672,Index No. 703233/13
• Citation: 208 A.D.3d 790,172 N.Y.S.3d 627 (Mem)
• Parties: NATIONSTAR MORTGAGE, LLC, respondent, v. Arthur H. CHASE III, et al., defendants, Maurice Oparaji, appellant.
• Court: New York Supreme Court — Appellate Division

208 A.D.3d 790
172 N.Y.S.3d 627 (Mem)

NATIONSTAR MORTGAGE, LLC, respondent,
v.
Arthur H. CHASE III, et al., defendants,

Maurice Oparaji, appellant.

2019–04672
Index No. 703233/13

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

Submitted—April 14, 2022
August 24, 2022

Maurice Oparaji, Rosedale, NY, appellant pro se.

McCalla Raymer Leibert Pierce, LLC, New York, NY (Margaret S. Stefandl and Harold L. Kofman of counsel), for respondent.

VALERIE BRATHWAITE NELSON, J.P., ANGELA G. IANNACCI, PAUL WOOTEN, JOSEPH A. ZAYAS, JJ.

172 N.Y.S.3d 628

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Maurice Oparaji appeals from an order of the Supreme Court, Queens County (Ernest F. Hart, J.), entered February 20, 2019. The order denied (1) those branches of that defendant's motion which were for leave to renew and reargue his opposition to the plaintiff's motion, inter alia, for summary judgment on the complaint insofar as asserted against him, which had been granted in an order of the same court (Howard G. Lane, J.) entered September 14, 2017, and (2) that branch of that defendant's renewed motion which was for discovery sanctions or, in the alternative, to compel discovery.

ORDERED that the appeal from so much of the order entered February 20, 2019, as denied that branch of the motion of the defendant Maurice Oparaji which was for leave to reargue is dismissed, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the order entered February 20, 2019, is affirmed insofar as reviewed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

The plaintiff commenced this action to foreclose a mortgage on certain real property owned by Arthur H. Chase III and Cynthia Turner. The defendant Maurice Oparaji (hereinafter the defendant), a subordinate lienholder, was the only defendant who appeared in the action. In 2017, the plaintiff moved, inter alia, for summary judgment on the complaint insofar as asserted against the defendant and the defendant moved for...