Opinion
8541 Index 30527/08
02-28-2019
WELLS FARGO BANK, N.A., Plaintiff–Respondent, v. Sheyla A. MUNOZ, Defendant–Appellant, Flushing Savings Bank, et al., Defendants.
Lonuzzi & Woodland, LLP, Brooklyn (John Lonuzzi of counsel), for appellant. Hogan Lovells U.S. LLP, New York (Chava Brandriss of counsel), for respondent.
Lonuzzi & Woodland, LLP, Brooklyn (John Lonuzzi of counsel), for appellant.
Hogan Lovells U.S. LLP, New York (Chava Brandriss of counsel), for respondent.
Friedman, J.P., Kapnick, Webber, Oing, Singh, JJ.
Upon transfer from the Second Department, order, Supreme Court, Kings County (Debra Silber, J.), entered January 30, 2017, which, upon reargument, adhered to the original determination denying defendant's motion to dismiss the foreclosure complaint and to vacate the order of reference, unanimously affirmed, without costs.
It is undisputed that defendant transferred the subject property to a corporation in 2014. Thus, when she claimed for the first time nearly a year later that she had not been properly served in this action in 2008, she no longer had an interest in the property, and lacked standing to contest the judgment of foreclosure (see NYCTL 1996–1 Trust v. King , 13 A.D.3d 429, 430, 787 N.Y.S.2d 61 [2d Dept. 2004] ; Bancplus Mtge. Corp. v. Galloway , 203 A.D.2d 222, 223, 610 N.Y.S.2d 60 [2d Dept. 1994] ).
We have considered defendant's remaining contentions and find them unavailing.