First Franklin Financial Corporation v Nereid 2020 Corp. NonParty

Motion No: M-175

Slip Opinion No: 2020 NYSlipOp 63495(U)

Decided on February 25, 2020

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

February 25, 2020

First Franklin Financial Corporation,

Plaintiff-Respondent,

v

Nereid 2020 Corp.,

Non-Party-Appellant,

-and-

Arnold Merchant, et al.,

Defendants.

An appeal having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about June 14, 2019, which denied nonparty appellant's motion to set aside a non-judicial sale of the subject property,And plaintiff-respondent having moved for an order (1) dismissing the aforesaid appeal pursuant to CPLR 5511; and (2) imposing costs and sanctions pursuant to 22 NYCRR § 130-1.1(c), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied without prejudice to plaintiff-respondent raising the issues directly in the appeal. ENTERED: February 25, 2020

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh, Justices

M-175

Index No. 381431/18