Opinion
13410N Index No. 650351/16 Case No. 2020-02841
03-23-2021
Stern & Stern, New York (Pamela Smith of counsel), for appellant. Stuart S. Perry, PC, New York ( Stuart Perry of counsel), for respondent.
Stern & Stern, New York (Pamela Smith of counsel), for appellant.
Stuart S. Perry, PC, New York ( Stuart Perry of counsel), for respondent.
Webber, J.P., Oing, Kennedy, Scarpulla, JJ.
Appeal from order, Supreme Court, New York County (Kathryn E. Freed, J.), entered on or about November 29, 2019, which, inter alia, determined that the foreclosure auction purchaser breached the terms of sale by failing to close by the time of essence date and permitted defendant tax debtor George G. Masin to exercise his right of redemption and satisfy an outstanding tax lien, unanimously dismissed, without costs, as moot.
After Masin's first motion to vacate was denied, plaintiffs discontinued the action, and the judgment of foreclosure and sale was vacated. We take judicial notice of this undisputed fact ( see Matter of Travelers Prop. Cas. Co. of Am. v. Archibald, 124 A.D.3d 480, 481, 2 N.Y.S.3d 92 [1st Dept. 2015] ). The appellant is not a party to this action, and he declined to intervene despite the opportunity to do so. Accordingly, the rights of the parties would not be affected by a determination of this appeal, and the appeal is moot ( Reyes v. Sequeira, 64 A.D.3d 500, 505–506, 883 N.Y.S.2d 494 [1st Dept. 2009] ).