Opinion
778 CA 14-02167
06-12-2015
FINANCITECH, LTD., Plaintiff–Appellant, v. GML SYRACUSE LLC, Amadeus Development, Inc., Defendants–Respondents, Holmes King Kallquist & Associates, LLP, et al., Defendants.
Maynard, O'Connor, Smith & Catalinotto, LLP, Albany (Justin W. Gray of Counsel), for Plaintiff–Appellant. Melvin & Melvin, PLLC, Syracuse (Kenneth J. Bobrycki of Counsel), for Defendant–Respondent GML Syracuse LLC. Robinson Brog Leinwand Greene Genovese & Gluck P.C., New York City (Roger A. Raimond of Counsel), for Defendant–Respondent Amadeus Development, Inc.
Maynard, O'Connor, Smith & Catalinotto, LLP, Albany (Justin W. Gray of Counsel), for Plaintiff–Appellant.
Melvin & Melvin, PLLC, Syracuse (Kenneth J. Bobrycki of Counsel), for Defendant–Respondent GML Syracuse LLC.
Robinson Brog Leinwand Greene Genovese & Gluck P.C., New York City (Roger A. Raimond of Counsel), for Defendant–Respondent Amadeus Development, Inc.
PRESENT: SCUDDER, P.J., SMITH, SCONIERS, VALENTINO, and DeJOSEPH, JJ.
Opinion
MEMORANDUM:
Plaintiff appeals from an order denying its motion for summary judgment in this action to foreclose two mortgages. Following entry of that order, the mortgaged premises were acquired by the City of Syracuse Industrial Development Agency in a proceeding pursuant to the Eminent Domain Procedure Law. “It is well established that, upon the vesting of title in a condemnation proceeding, all lien interests in the subject property by virtue of mortgages, unpaid taxes, or unsatisfied judgments, are extinguished” (Matter of County of Rockland [Kohl Indus. Park Co.], 172 A.D.2d 607, 609, 568 N.Y.S.2d 425 ; see Matter of County of Nassau [Gelb–Siegel], 24 N.Y.2d 621, 626, 301 N.Y.S.2d 564, 249 N.E.2d 426 ). The relief sought by plaintiff in the motion, i.e., appointment of a receiver and foreclosure of the mortgages, is no longer available, and the appeal must therefore be dismissed as moot (see Matter
of Tessler v. Board of Educ. of City of N.Y., 49 A.D.3d 428, 429, 854 N.Y.S.2d 66 ).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.