| Sequoia Partners, LLC v Ali |
| 2020 NY Slip Op 50493(U) [67 Misc 3d 133(A)] |
| Decided on April 30, 2020 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Bhatia & Associates, PLLC (Satish K. Bhatia of counsel), for appellant. Law Office of Sardar M. Asadullah, PLLC (Sadar M. Asadullah, Esq.), for respondent (no brief filed).
Appeal from an October 3, 2018 oral decision of the District Court of Suffolk County, Sixth District (James P. Flanagan, J.), and from a final judgment of that court entered December 3, 2018. The final judgment, entered pursuant to the decision, after a nonjury trial, awarded petitioner possession in a summary proceeding brought pursuant to RPAPL 713 (5).
ORDERED that so much of the appeal as is from the decision is dismissed, as no appeal lies from a decision (see UDCA 1702); and it is further,
ORDERED that the final judgment is reversed, without costs, and the matter is remitted to the District Court for the entry of a final judgment dismissing the petition.
In this summary proceeding apparently commenced by petitioner pursuant to RPAPL 713 (5), it is undisputed that the subject property was sold by a referee, pursuant to a judgment of foreclosure, to U.S. Bank National Association on May 4, 2017. On June 12, 2018, the property was sold, as acknowledged by petitioner's member, to petitioner in an "arms length transaction" pursuant to a "special warranty deed." Occupant Najabat Ali appeals from a final judgment, after a nonjury trial, [*2]awarding possession to petitioner.
In our view, the final judgment must be reversed and the petition dismissed. While RPAPL 713 (5) is apparently the claimed basis for this proceeding, petitioner, a purchaser from a purchaser in foreclosure, lacks standing to maintain such a proceeding (see RPAPL 713 [5]; 721 [3]; see also Castle Peak 2012-1 REO, LLC v New York Found. for Senior Citizens, 63 Misc 3d 157[A], 2019 NY Slip Op 50834[U], *2 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019] ["RPAPL 713 (5) allows for a proceeding by the holder of a deed only where that deed was delivered pursuant to a foreclosure sale, which did not occur here"]). Moreover, upon the record presented, this proceeding is not maintainable pursuant to any other provision of RPAPL 713.
Accordingly, the final judgment is reversed and the matter is remitted to the District Court for the entry of a final judgment dismissing the petition.
TOLBERT, J.P., GARGUILO and RUDERMAN, JJ., concur.
Paul Kenny