From Casetext: Smarter Legal Research

Arbor Realty Funding v. East 51st Street

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 2009
67 A.D.3d 559 (N.Y. App. Div. 2009)

Summary

deeming motion for clarification "essentially a motion to reargue"

Summary of this case from U.S. Bank Nat'l Ass'n v. Countrywide Home Loans, Inc.

Opinion

November 19, 2009.

Order, Supreme Court, New York County (Carol R. Edmead, J.), entered June 4, 2009, which, upon plaintiffs motion, clarified that an order, same court and Justice, entered February 2, 2009, which referred the issue whether certain notes and mortgages could be satisfied without the sale of the property located at 303 East 51st Street in Manhattan, contemplated an examination of the value of property other than the subject real property, unanimously affirmed, without costs.

Before: Tom, J.P., Friedman, Moskowitz, Freedman and Abdus-Salaam, JJ.


Initially, we find that plaintiffs motion for clarification of the February 2, 2009 order was essentially a motion to reargue that was granted (CPLR 2221 [d] [2]).

Contrary to plaintiffs contention, the court did not require it to pursue the borrower for a money judgment on a guaranty in the middle of a foreclosure action. The court directed the special referee to hear and report whether plaintiffs notes and mortgages could be satisfied without the sale of the property located at 303 East 51st Street because it required that information to decide the motion for summary judgment on the second counterclaim of defendants T.M.J. Plumbing and Heating Corp. and RJ Construction Corp., two of the construction entities that filed mechanic's liens against 303, 305 and 307 East 51st Street (the East 51st Street property). T.M.J., and RJ alleged that plaintiff should not be permitted to sell the East 51st Street property until it had "exhausted all of its remedies as to the Second Avenue Property and from the Guarantor." The reference was authorized by CPLR 4001, 4212 and 4311. In addition, the referee's report will provide the court with information relevant to the entry of any deficiency judgment against defendant guarantors pursuant to RPAPL 1371 (1). Thus, the court's order did not impermissibly require the plaintiff to satisfy the debt from the guarantor's personal assets before plaintiff exhausted the mortgaged properties.

Plaintiffs remaining arguments are unavailing.


Summaries of

Arbor Realty Funding v. East 51st Street

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 2009
67 A.D.3d 559 (N.Y. App. Div. 2009)

deeming motion for clarification "essentially a motion to reargue"

Summary of this case from U.S. Bank Nat'l Ass'n v. Countrywide Home Loans, Inc.
Case details for

Arbor Realty Funding v. East 51st Street

Case Details

Full title:ARBOR REALTY FUNDING LLC, Appellant, v. EAST 51ST STREET DEVELOPMENT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 19, 2009

Citations

67 A.D.3d 559 (N.Y. App. Div. 2009)
890 N.Y.S.2d 14

Citing Cases

Bufny Houses Assocs. v. Black United Fund of N.Y., Inc. (In re Black United Fund of N.Y., Inc.)

ACP then cross-moved for sanctions. As BUFNY and ACP have argued, BHA's motion for modification is really a…

U.S. Bank Nat'l Ass'n v. Countrywide Home Loans, Inc.

Indeed, Plaintiff's request for relief is more appropriately construed as a motion for reargument, as…