Castiglia v. Colonial Pines, Inc.
Opinion of the Court
Order unanimously affirmed with costs. Memorandum: Plaintiff is attempting to set
Supreme Court properly granted defendants’ motion to dismiss plaintiff’s action to set aside the judgment and denied plaintiff’s cross motion for summary judgment and to compel discovery. We note that no court has declared the parties’ interest in the property (see, RPAPL 1521 [1]; Keller v Village of Castleton-on-Hudson, 173 AD2d 979; Orrino v Norbon Homes, 35 AD2d 732). Since this matter has been dismissed, that issue is not before us. If it were, we would declare that defendants acquired lawful right, title and interest to the premises by virtue of the foreclosure sale and Referee’s deed, and that plaintiff has no right, title or interest in the premises. (Appeal from Order of Supreme Court, Erie County, Wolfgang, J. — Vacate Foreclosure.) Present — Callahan, J. P., Green, Balio, Davis and Doerr, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.