| FV-1, Inc. v Palaguachi |
| 2025 NY Slip Op 00306 [234 AD3d 818] |
| January 22, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| FV-1, Inc., in Trust for Morgan Stanley Mortgage
Capital Holdings LLC, Respondent, v Luis E. Palaguachi et al., Defendants, and Gustavia Home, LLC, Appellant. |
Hasbani & Light, P.C., New York, NY (Rafi Hasbani of counsel), for appellant.
McCarter & English, LLP, New York, NY (Adam M. Swanson and Bhanuka Y. Mahabamunuge of counsel), for respondent.
In an action to foreclose a mortgage, the defendant Gustavia Home, LLC, appeals from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Queens County (Joseph J. Esposito, J.), entered July 20, 2022. The order and judgment of foreclosure and sale, insofar as appealed from, upon an order of the same court entered March 9, 2022, inter alia, granting those branches of the plaintiff's motion which were for summary judgment on the complaint insofar as asserted against the defendant Gustavia Home, LLC, and for an order of reference, granted those branches of the plaintiff's motion which were to confirm a referee's report and for a judgment of foreclosure and sale and directed the sale of the subject property.
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The appeal must be dismissed as academic in light of our determination on a related appeal (see FV-1, Inc. v Palaguachi, 234 AD3d 818 [2025] [decided herewith]). Chambers, J.P., Brathwaite Nelson, Landicino and Love, JJ., concur.