Opinion
10168 Index 25876/18E
10-22-2019
USB LEASING LT, Plaintiff–Appellant, v. Maritza Altagracia URENA, et al., Defendants, JR Inwood Parking & Dealer Corp., Defendant–Respondent.
RAS Boriskin, LLC, Westbury (Joseph F. Battista of counsel), for appellant. Anton Antomattei, Carmel, for respondent.
RAS Boriskin, LLC, Westbury (Joseph F. Battista of counsel), for appellant.
Anton Antomattei, Carmel, for respondent.
Renwick, J.P., Gische, Tom, Gesmer, Moulton, JJ.
Order, Supreme Court, Bronx County (Ruben Franco, J.), entered on or about June 19, 2018, which denied plaintiff's application for a stay of the auction of an automobile and for an order releasing the automobile to plaintiff, unanimously affirmed, without costs.
Although plaintiff, which was ordered to make personal service on or before May 29, 2018, may have complied with the strict terms of the interim stay order based its on nail–and–mail service in the afternoon of May 22, 2018 and its service on the Secretary of State on May 29, 2018, the court correctly denied the motion for a stay of the auction. Plaintiff was admittedly on notice that the auction was scheduled for 9:00 a.m. on May 22, and it appears that any service on defendant JR Inwood of notice of the entry of a temporary stay of the auction, including the service on all defendants on May 22 at 1:36 p.m., was effectuated after the valid auction took place at 9:00 a.m., at the parking lot. There is no claim from plaintiff that it attempted to serve the papers on JR Inwood prior to the sale, even though it had knowledge of the noticed time, and thus, an order vacating the sale would be inequitable under the circumstances (see e.g. Currier v. First Transcapital Corp., 190 A.D.2d 507, 508, 593 N.Y.S.2d 16 [1st Dept. 1993] ; Town of Oyster Bay v. New York Tel. Co., 75 A.D.2d 598, 426 N.Y.S.2d 807 [2d Dept. 1980] ).