Opinion
8599 Index 113006/09
03-05-2019
Joseph RAIA, Plaintiff–Respondent, v. Hubert POTOTSCHNIG, Defendant–Appellant, New Century Mortgage Corporation, et al., Defendants.
Hubert Pototschnig, appellant pro se. Jeffrey I. Baum & Associates, P.C., Garden City (Jeffrey I. Baum of counsel), for respondent.
Hubert Pototschnig, appellant pro se.
Jeffrey I. Baum & Associates, P.C., Garden City (Jeffrey I. Baum of counsel), for respondent.
Sweeny, J.P., Renwick, Kahn, Kern, JJ.
Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered November 29, 2017, which, to the extent appealed from as limited by the briefs, denied defendant Pototschnig's motion to vacate the judgment of foreclosure and sale, or, in the alternative, to dismiss the matter with prejudice, unanimously affirmed, without costs.
Defendant is seeking to relitigate issues already adjudicated and affirmed by this Court (see 148 A.D.3d 429, 47 N.Y.S.3d 711 [1st Dept. 2017] ; 127 A.D.3d 574, 8 N.Y.S.3d 654 [1st Dept. 2015] ). Furthermore, in opposition to the motion for a judgment of foreclosure and sale, defendant failed to raise his argument concerning the lack of a valid notice of pendency at the time the judgment of foreclosure and sale was entered. Thus, that argument is waived (see Wilmington Trust v. Sukhu, 155 A.D.3d 591, 63 N.Y.S.3d 853 [1st Dept. 2017] ).
We have considered defendant's remaining arguments, and find them unavailing.