U.S. ROF III Legal Title Trust 2015-1 v. Mani

Summary

The Appellate Division, Second Department dismissed the plaintiff's appeal from an order denying motions brought by a nonparty alleged assignee in a mortgage foreclosure action. The court held that the plaintiff was not aggrieved because it had not joined in the nonparty's motion.

Holdings

1. The plaintiff was not aggrieved by the denial of the nonparty assignee's motion and therefore could not maintain the appeal.

Questions Presented

1. Whether the plaintiff could appeal from the denial of relief sought by a nonparty assignee when the plaintiff had not joined in the assignee's motion.
2. Whether the plaintiff was aggrieved by the portion of the order denying the nonparty assignee's motion.

Disposition

dismissed