Seidman v. Industrial Recycling Properties, Inc.

• Decision Date: 17 June 2008
• Docket Number: 2007-03460.,2007-10829.,2007-03461.
• Parties: SHELDON SEIDMAN, Respondent, v. INDUSTRIAL RECYCLING PROPERTIES, INC., et al., Appellants, et al., Defendants.
• Court: New York Supreme Court — Appellate Division

52 A.D.3d 678

861 N.Y.S.2d 692

2008 NY Slip Op 05671

SHELDON SEIDMAN, Respondent, v. INDUSTRIAL RECYCLING PROPERTIES, INC., et al., Appellants, et al., Defendants.

2007-03460.

2007-03461.

2007-10829.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 17, 2008.

In an action to foreclose a mortgage, the defendant Industrial Recycling Properties, Inc., appeals (1), as limited by its brief, from stated portions of a decision of the Supreme Court, Nassau County (McCarty, J.), dated May 5, 2006, (2), as limited by its brief, from so much of an order of the same court entered July 5, 2006, as granted those branches of the plaintiff's motion which were for summary judgment on the issue of liability, to strike its answer, and to refer the matter to a referee, inter alia, for a computation of the amount due the plaintiff, and (3) from a judgment of the same court entered December 21, 2006, which confirmed the report of the referee finding that the sum of $568,072.71 was due on the mortgage and note and is in favor of the plaintiff and against the defendants directing the foreclosure and sale of the subject property, and the defendants Zalman Alenick, Menachem Bronstein, and Hillel Alenick separately appeal from the same decision, order, and judgment.

Ordered that the appeals by the defendants Zalman Alenick, Menachem Bronstein, and Hillel Alenick are dismissed as abandoned; and it is further,

Ordered that the appeal by the defendant Industrial Recycling Properties, Inc., from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509 [1984]); and it is further,

Ordered that the appeal by the defendant Industrial Recycling Properties, Inc., from the order is dismissed, as no appeal lies from an intermediate order upon entry of the judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]); and it is further,

Ordered that the appeal by the defendant Industrial Recycling Properties, Inc., from so much of the judgment as relates to the defendants New York State Department of Taxation & Finance, Zalman Alenick, Menachem Bronstein, Hillel Alenick, and New York City Dept of Finance is dismissed, as it is not aggrieved by those portions of the judgment (see CPLR 5511); and it is further,

Ordered that the judgment is reversed insofar as reviewed, on the law, those branches of the plaintiff's motion which were for summary judgment on the issue of...