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Nassau Homes Corp v. Lawrence Shuster

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS


October 14, 2011

NASSAU HOMES CORP.,
RESPONDENT,
v.
LAWRENCE SHUSTER,
APPELLANT.

Appeal from a decision of the District Court of Nassau County, First District (Scott Fairgrieve, J.), dated April 15, 2010, deemed from a final judgment of the same court entered June 29, 2010 (see CPLR 5520 [c]).

Nassau Homes Corp. v Shuster

Decided on October 14, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: MOLIA, J.P., TANENBAUM and LaCAVA, JJ

The final judgment, after a non-jury trial, awarded petitioner possession.

ORDERED that the final judgment is affirmed, without costs.

Petitioner commenced this summary proceeding pursuant to RPAPL 713 (5) based upon a referee's deed dated March 1, 2010, which it had obtained following the foreclosure of a tax lien. After a non-jury trial, petitioner was awarded a final judgment of possession. We affirm.

The District Court properly found that petitioner had established its ownership of the subject premises, as evidenced by a certified copy of the referee's deed, and that petitioner had properly served occupant with a notice to quit. Occupant's only challenge to this proceeding appeared to be based upon objections to the foreclosure proceeding itself. However, the judgment of foreclosure and sale was final as to all issues and defenses that might have been litigated in the foreclosure action (see Cherico v Bank of NY, 211 AD2d 961 [1995]), and the Supreme Court's determination is not subject to collateral attack in the District Court (see Banker's Trust v Corbin, 14 Misc 3d 136[A], 2007 NY Slip Op 50239[U] [App Term, 2d & 11th Jud Dists 2007]). Thus, as occupant has shown no basis to disturb the final judgment, the final judgment is affirmed.

Molia, J.P., Tanenbaum and LaCava, JJ., concur.

Decision Date: October 14, 2011

20111014

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