Loandepot.com, LLC v. Solomon

Summary

The Appellate Division, Second Department dismissed part of Haiyan Liu's appeal concerning the denial of her request for the return of a foreclosure-sale bid deposit because the underlying motion was not made on notice. The court affirmed the order directing the referee to release Liu's $65,000 deposit pursuant to an earlier default order, holding that Liu's remaining arguments constituted an improper collateral attack on that earlier order.

Holdings

1. The appeal from the portion of the order that effectively denied Liu's request for return of the bid deposit must be dismissed because no appeal lies as of right from an order denying a motion not made on notice, and the court declined to grant leave to appeal.
2. The Supreme Court properly directed the referee to release Liu's bid deposit in accordance with the February 17, 2023 order.
3. Liu's remaining arguments concerning the permissible use of the bid deposit, an alleged unenforceable penalty, and 101 Shark's standing were not properly before the Appellate Division because they constituted an improper collateral attack on the February 17, 2023 order.

Questions Presented

1. Whether Liu could appeal as of right from the portion of the December 8, 2023 order that effectively denied her request for return of the bid deposit.
2. Whether the Supreme Court properly directed the referee to release Liu's bid deposit in accordance with the February 17, 2023 order.
3. Whether Liu's challenges to application of the bid deposit, including arguments concerning deficiency damages, unenforceable penalties, and 101 Shark's standing, constituted an improper collateral attack on the February 17, 2023 order.

Disposition

dismissed