| NYCTL 2019-A Trust v 196 E. 7th St. LLC |
| 2026 NY Slip Op 01013 [246 AD3d 620] |
| February 24, 2026 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| NYCTL 2019-A Trust et al., Plaintiffs, v 196 East 7th Street LLC et al., Defendants. 196 East 7 Venture LLC, Nonparty Appellant, v 198 East Tenants Corp., Nonparty Respondent. |
Kellner Herlihy Getty & Friedman LLP, New York (Doughlas A. Kellner of counsel), for appellant.
Braverman Greenspun PC, New York (Kelly A. Ringston of counsel), for respondent.
Mortgages
- Foreclosure
- Writ of Assistance
- Dispossession of Nonparty
Order, Supreme Court, New York County (Francis A. Kahn III, J.), entered on or about September 17, 2025, which denied nonparty-appellant 196 East 7 Venture LLC's motion for a writ of assistance pursuant to Real Property Actions and Proceedings Law § 221, unanimously affirmed, with costs.
RPAPL 221 was not the appropriate vehicle to seek dispossession of nonparty-respondent. By its terms, the statute authorizes a writ of assistance "[i]f a party . . . withholds possession." Further, issuance of a writ of assistance "against one who was not joined as a party to the proceeding would violate due process" (Goshen Mtge., LLC v Cumberbatch, 219 AD3d 806, 807 [2d Dept 2023] [internal quotation marks omitted]; see Gibbs v Kinsey, 170 AD2d 1049, 1049 [4th Dept 1991]). Appellant's reliance on CPLR 6501 (a) is misplaced because that section does not account for how RPAPL 221 could be used against a nonparty despite the latter section's requirement that the target of the writ be a party.
We have considered the remaining arguments and find them unavailing. Concur—Renwick, P.J., Kennedy, Rodriguez, Pitt-Burke, O'Neill Levy, JJ.