| JPMorgan Chase Bank, N.A. v Katz |
| 2026 NY Slip Op 00358 [245 AD3d 913] |
| January 28, 2026 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| JPMorgan Chase Bank, N.A.,
Appellant-Respondent, v Aharon Katz, Respondent-Appellant, and Isaac Gross, LLC, Respondent, et al., Defendants. |
Cuddy & Feder LLP, White Plains, NY (Troy D. Lipp and Joshua E. Kimerling of counsel), for appellant-respondent.
Menashe & Associates LLP, Montebello, NY (Chezki Menashe of counsel), for respondent-appellant and defendant-respondent.
Appeal
- Dismissal
- Order Superceded
In an action pursuant to RPAPL article 15 to determine claims to real property and for declaratory relief, the plaintiff appeals, and the defendant Aharon Katz cross-appeals, from an order of the Supreme Court, Kings County (Ingrid Joseph, J.), dated June 30, 2021. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was for summary judgment on so much of the fourth cause of action as was for a judgment declaring that the defendant Aharon Katz is the sole owner of the subject property and that a mortgage given by that defendant is a valid mortgage lien against the entire property. The order, insofar as cross-appealed from, granted that branch of the plaintiff's motion which was for summary judgment on so much of the fourth cause of action as was for a judgment declaring that any interest of the defendant Isaac Gross, LLC, in the subject property is null and void.
Ordered that the appeal and the cross-appeal are dismissed, without costs or disbursements, as the portions of the order appealed and cross-appealed from were superseded by an order of the same court dated September 13, 2022, made upon reargument (see JPMorgan Chase Bank, N.A. v Katz, 245 AD3d 914 [2026] [decided herewith]). Barros, J.P., Warhit, Voutsinas and Wan, JJ., concur.