Summary
This Appellate Division, Second Department decision addresses an appeal by Gustavia Home, LLC from a Supreme Court order granting summary judgment and directing a foreclosure and sale of mortgaged property. The court dismisses the appeal as academic based on its concurrent ruling in a related appeal. The order affirms the lower court's foreclosure proceedings without awarding costs or disbursements.
Topics
Practice areas
Questions Presented
- Whether the appeal is moot and should be dismissed as academic.
Holdings
- The appeal is dismissed as academic, without costs or disbursements.
Key quotations
“ORDERED that the appeal is dismissed as academic, without costs or disbursements.”
Factual background
The plaintiff, FV-1, Inc., sought to foreclose a mortgage against defendant Gustavia Home, LLC. The lower court granted summary judgment and entered a judgment of foreclosure and sale of the subject property.
Procedural history
The Supreme Court, Queens County entered an order on March 9, 2022 granting summary judgment in favor of the plaintiff and later entered a judgment of foreclosure and sale on July 20, 2022. Gustavia Home, LLC appealed the order and judgment.