Opinion
2018-2502 S C
04-30-2020
SEQUOIA PARTNERS, LLC, Respondent, v. NAJABAT ALI, Appellant, et al., Occupants.
Bhatia & Associates, PLLC (Satish K. Bhatia of counsel), for appellant. Law Office of Sardar M. Asadullah, PLLC (Sadar M. Asadullah, Esq.), for respondent (no brief filed).
Bhatia & Associates, PLLC (Satish K. Bhatia of counsel), for appellant.
Law Office of Sardar M. Asadullah, PLLC (Sadar M. Asadullah, Esq.), for respondent (no brief filed).
PRESENT: BRUCE E. TOLBERT, J.P., JERRY GARGUILO, TERRY JANE RUDERMAN, JJ
ORDERED that so much of the appeal as is from the decision is dismissed, as no appeal lies from a decision (see UDCA 1702 ); and it is further,
ORDERED that the final judgment is reversed, without costs, and the matter is remitted to the District Court for the entry of a final judgment dismissing the petition.
In this summary proceeding apparently commenced by petitioner pursuant to RPAPL 713 (5), it is undisputed that the subject property was sold by a referee, pursuant to a judgment of foreclosure, to U.S. Bank National Association on May 4, 2017. On June 12, 2018, the property was sold, as acknowledged by petitioner's member, to petitioner in an "arms length transaction" pursuant to a "special warranty deed." Occupant Najabat Ali appeals from a final judgment, after a nonjury trial, awarding possession to petitioner.
In our view, the final judgment must be reversed and the petition dismissed. While RPAPL 713 (5) is apparently the claimed basis for this proceeding, petitioner, a purchaser from a purchaser in foreclosure, lacks standing to maintain such a proceeding (see RPAPL 713 [5] ; 721 [3]; see also Castle Peak 2012-1 REO, LLC v. New York Found. for Senior Citizens , 63 Misc 3d 157[A], 2019 NY Slip Op. 50834[U], *2 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019] [" RPAPL 713 (5) allows for a proceeding by the holder of a deed only where that deed was delivered pursuant to a foreclosure sale, which did not occur here"] ). Moreover, upon the record presented, this proceeding is not maintainable pursuant to any other provision of RPAPL 713.
Accordingly, the final judgment is reversed and the matter is remitted to the District Court for the entry of a final judgment dismissing the petition.
TOLBERT, J.P., GARGUILO and RUDERMAN, JJ., concur.