Mary M. Lamberti, appellant, v Plaza Equities, LLC, et al., respondents, et al., defendants.
2015-06766 (Index No. 5244/13)
Appellate Division, Second Judicial Department, Supreme Cоurt of the State of New York
May 9, 2018
2018 NY Slip Op 03343
RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, SYLVIA O. HINDS-RADIX, JOSEPH J. MALTESE, JJ.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.
Michael T. Lamberti, New York, NY, for appellant.
Lawrence and Walsh, P.C., Hempstead, NY (Eric P. Wainer of counsel), for respondents Plaza Equities, LLC, PE-NC, LLC, Petrina (Cherardi) Macaluso, and Scott Kiley, individually and as temporary administrator of the estate of John R. Kiley.
Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola, NY (Loretta M. Gastwirth and Thomas MсGowan of counsel), for respondent Private Capital Group, LLC.
DECISION & ORDER
In an action, inter alia, to recover damages for fraud, the plaintiff aрpeals from an order of the Supreme Court, Nassau County (Angela G. Iannacci, J.), entered March 31, 2015. The order, insofar as appealed from, granted those branches of the separate motions of the defendant Private Capital Group, LLC, and the defendants Plaza Equities, LLC, and PE-NC, LLC, which werе pursuant to
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
In 1998, the plaintiff, Mary M. Lamberti, obtained a loan in the sum of $300,000 from Greenpoint Mortgage Corp. (hereinafter Greenpoint Mortgage), evidenced by a note and secured by a mortgage encumbering real property in Woodbury, New York. In 2004, an alleged default by Lamberti was settled by
On an appeal in the foreclosure action, this Court аffirmed an order dated October 13, 2010, which, inter alia, denied a motion by Lamberti to dismiss the complaint insofar as asserted against her for lack of standing and granted that branch of a motion by Plaza Equities which was to be added as a party plaintiff (see Greenpoint Mtge. Corp. v Lamberti, 94 AD3d 815). On another appeal in the foreclоsure action, this Court affirmed so much of an order entered March 12, 2012, as denied that branch of a motion by Lamberti which was for leave to renew а prior cross motion to dismiss the complaint (see Plaza Equities, LLC v Lamberti, 118 AD3d 687). Following the assignment of the note and mortgage to PE-NC, PE-NC moved, inter alia, for summary judgment on the cоmplaint insofar as asserted against Lamberti. In an order entered January 9, 2013, the Supreme Court, among other things, granted that branch of PE-NC‘s motion which was for summary judgment, and this Court affirmed that determination (see Plaza Equities, LLC v Lamberti, 118 AD3d 688).
After PE-NC was awarded summary judgment in the foreclosure action, Lamberti commenced this action аgainst PE-NC and the prior corporate assignees of the note and mortgage, as well as certain individuals associated with them, alleging in the amеnded complaint, inter alia, that the assignments of the note and mortgage were fraudulent. In December 2014, Private Capital, which was not a party tо the prior foreclosure action, moved, inter alia, pursuant to
The original mortagee, Greenpoint Mortgage, assigned the note and mortgage to Copperfield, whiсh assigned the note and mortgage to Private Capital, which assigned the note and mortgage to Plaza Equities, which assigned the note and mortgage to PE-NC. In connection with the prior motions and prior appeals in the mortgage foreclosure action, although Lamberti argued that the assignmеnts were invalid and fraudulent, PE-NC was awarded summary judgment on the complaint insofar as asserted against her. Thus, Private Capital was entitled to dismissal based on collateral estoppel (see SSJ Dev. of Sheepshead Bay I, LLC v Amalgamated Bank, 128 AD3d at 676; Suffern Realty Assoc. Corp. v Garewal, 41 AD3d 581). Similarly, Lamberti‘s causes of action against Plaza Equities and PE-NC are barred by collateral estoppel (see Breslin Realty Dev. Corp. v Shaw, 72 AD3d 258). However, Private Equities’ request in its brief for the imposition of sanctions against Lamberti for pursuing a frivolous appeal is denied (seе Greystone Staffing, Inc. v Niemeyer, 106 AD3d 953).
We agree with the Supreme Court that the Kiley defendants were entitled to dismissal of the amended complaint insofar as asserted against them pursuant to
Lamberti‘s remaining contentions are without merit.
BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court