Vigo v. 501 Second St. Holding Corp.

• Decision Date: 08 October 2014
• Parties: Norma VIGO, respondent, v. 501 SECOND STREET HOLDING CORP., et al., appellants, et al., defendants.
• Court: New York Supreme Court — Appellate Division

?121 A.D.3d 778
994 N.Y.S.2d 354
2014 N.Y. Slip Op. 06814

Norma VIGO, respondent,
v.
501 SECOND STREET HOLDING CORP., et al., appellants, et al., defendants.

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

Oct. 8, 2014

Appeal dismissed in part and affirmed in part.

[994 N.Y.S.2d 355]

Rachel H. Nash, New York, N.Y., for appellants.

Fidelity National Law Group, New York, N.Y., and Herrick Feinstein, LLP, New York, N.Y. (Hilary R. Levine of counsel), for respondent (one brief filed).

REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, ROBERT J. MILLER and COLLEEN D. DUFFY, JJ.

In an action to foreclose a mortgage, the defendants 501 Second Street Holding Corp. and 501 Second Street, LLC, appeal, as limited by their brief, from (1) stated portions of an order of the Supreme Court, Kings County (Knipel, J.), entered September 27, 2012, (2) so much of an amended order of the same court entered October 11, 2012, as granted that branch of the plaintiff's motion which was to confirm so much of a referee's report dated May 9, 2012, as computed attorney's fees owed to the plaintiff in the principal sum of $670,324.39, and (3) so much of a final judgment of foreclosure and sale of the same court entered November 9, 2012, as, upon an order of the same court dated October 6, 2011, inter alia, granting that branch of the plaintiff's motion which was for summary judgment in her favor and against them on the cause of action to foreclose on the subject premises, directed the foreclosure sale of the subject premises, and, upon the amended order entered October 11, 2012, awarded the plaintiff attorney's fees in the principal sum of $670,324.39.

ORDERED that the appeal from the order entered September 27, 2012, is dismissed, as that order was superseded by the amended order entered October 11, 2012; and it is further,

ORDERED that the appeal from the amended order entered October 11, 2012, is dismissed; and it is further,

ORDERED that so much of the appeal from the final judgment of foreclosure as directed the foreclosure sale of the subject premises is dismissed as academic; and it is further,

ORDERED that the final judgment of foreclosure and sale is affirmed insofar as reviewed; and it is further,

ORDERED that the plaintiff is awarded one bill of costs.

The appeal from the amended order entered October 11, 2012, must be dismissed because the right of direct appeal therefrom terminated with entry of the final judgment of foreclosure and sale in the action (...