Summary
This Appellate Division, Second Department decision addresses a defendant's appeal from a Supreme Court order in a mortgage foreclosure action. The court affirmed the lower court's denial of the defendant's motion for leave to renew his opposition to summary judgment and to vacate a prior judgment of foreclosure and sale, albeit on different grounds. Specifically, the appellate court held that the motion for leave to renew was untimely because it was filed long after the deadline to appeal the final judgment had expired.
Topics
Practice areas
Questions Presented
- Whether a motion for leave to renew filed after the appeal period for a final judgment is timely under CPLR 2221(e) and CPLR 5513
- Whether Fredy A. Paz is an aggrieved party capable of appealing the order
Holdings
- A motion for leave to renew based on a change in the law must be filed before the time to appeal a final judgment expires, absent circumstances set forth in CPLR 5015.
- An appellant who is not aggrieved by the portions of the order appealed from lacks standing to appeal, and the appeal is dismissed.
Key quotations
“A motion for leave to renew is the appropriate vehicle for seeking relief from a prior order based on a change in the law.” (919)
“After entry of a final judgment, a motion for leave to renew pursuant to CPLR 2221(e)(2) based upon a change in the law that would change the prior determination must be made, absent circumstances set forth in CPLR 5015, before the time to appeal the final judgment has expired.” (357)
Factual background
Fredy A. Paz executed a $520,000 note in 2005 secured by a mortgage on a Ridgewood residence. The plaintiff foreclosed the mortgage in a 2007 action that was later discontinued. The mortgage was assigned to the plaintiff in 2011. In 2014 the plaintiff filed a new foreclosure action against Paz and Juan A. Lora, Jr., who answered with affirmative defenses. Lora later sought to renew his opposition to the plaintiff’s summary‑judgment motion.
Procedural history
The Supreme Court, Queens County granted summary‑judgment motions against Juan A. Lora, Jr., struck his answer and ordered reference in February 2017, entered a foreclosure judgment September 18, 2019, and denied Lora’s motion to amend his answer and to vacate the judgment in August 2023. The defendants appealed.