Plaza Equities, LLC v. Lamberti
| Decision Date | 04 June 2014 |
| Citation | 118 A.D.3d 687,2014 N.Y. Slip Op. 03995,986 N.Y.S.2d 347 |
| Parties | PLAZA EQUITIES, LLC, et al., respondents, v. Mary M. LAMBERTI, appellant, et al., defendants. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Michael T. Lamberti, P.C., Woodbury, N.Y., for appellant.
Jaspan Schlesinger, LLP, Garden City, N.Y. (Scott B. Fisher and Christopher E. Vatter of counsel), for Greenpoint Mortgage Funding, Inc., as successor in interest to respondent Greenpoint Mortgage Corp.
Lawrence & Walsh, P.C., Hempstead, N.Y. (Eric P. Wainer of counsel), for respondent Plaza Equities, LLC.
In an action to foreclose a mortgage, the defendant Mary M. Lamberti appeals, as limited by her brief and as further limited by a stipulation dated February 12, 2013, from so much of an order of the Supreme Court, Nassau County (Adams, J.), entered March 12, 2012, as denied those branches of her motion which were for leave to renew and reargue those branches of her prior cross motion which were, inter alia, to dismiss the complaint pursuant to CPLR 3211(a)(3) insofar as asserted against her for lack of standing, which had been denied in an order of the same court dated August 19, 2010.
ORDERED that one bill of costs is awarded to the plaintiffs.
In this action to foreclose a mortgage, the plaintiff Greenpoint Mortgage Corp. was the holder of a note and a mortgage when it commenced this action. Thereafter, the mortgage and the note were assigned several times, and subsequently were assigned to the plaintiff Plaza Equities, LLC (hereinafter Plaza) ( see Greenpoint Mtge. Corp. v. Lamberti, 94 A.D.3d 815, 941 N.Y.S.2d 864). The defendant Mary M. Lamberti cross-moved, among other things, to dismiss the complaint insofar as asserted against her, contending, inter alia, that Plaza lacked standing to pursue the action. In an order dated October 13, 2010, the Supreme Court denied Lamberti's cross motion, and Lamberti moved for leave to renew and reargue her cross motion. In the order appealed from, the Supreme Court denied Lamberti's motion for leave to renew and reargue.
As the Supreme Court correctly pointed out, Lamberti's papers on her ...
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Lamberti v. Plaza Equities, LLC
...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 A.D.3d 687, 986 N.Y.S.2d 347 ). Following the assignment of the note and mortgage to PE–NC, PE–NC moved, inter alia, for summary judgment on the comp......
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Cripps v. Dibisceglie
...submitted on the prior motion, and one page of the order denying the prior motion was omitted (see Plaza Equities, LLC v. Lamberti, 118 A.D.3d 687, 688, 986 N.Y.S.2d 347 ; Biscone v. JetBlue Airways Corp., 103 A.D.3d at 180, 957 N.Y.S.2d 361 ). In any event, the court did not improvidently ......
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France v. Packy, 2012-07579, 2013-00492, Index No. 33165/07.
...review would have changed the court's determination granting the defendants' summary judgment motion (see Plaza Equities, LLC v. Lamberti, 118 A.D.3d 687, 986 N.Y.S.2d 347 ; CPLR 2221[e][2] ). The plaintiff's expert made no assertion that the defendants exercised independent medical judgmen......
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Morgan Stanley Mortg. Loan Trust (2007–8XS) v. Harding
...the plaintiff's original motion papers or Harding's proposed opposition papers (see CPLR 2214[c] ; Plaza Equities, LLC v. Lamberti, 118 A.D.3d 687, 688, 986 N.Y.S.2d 347 ; Biscone v. JetBlue Airways Corp., 103 A.D.3d 158, 179–180, 957 N.Y.S.2d 361 ). In any event, Harding failed to establis......