Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

132 W. 130th LLC v. Marie Holdings Inc.

Suit to Restrain Property Transfer Barred by Res Judicata; Dismissal of Complaint Granted

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION

*1 The motion by plaintiff to restrain defendant from transferring the property (132 West 130th Street, New York, New York) and to cancel the judicial sale is denied. The cross-motion by defendant to inter alia dismiss plaintiff’s complaint is granted in part and this proceeding is dismissed.BackgroundThis action arises out of a related foreclosure matter for premises located at 132 West 130th Street, New York, New York. In that other matter (Index No. 810052/2011), Justice Ling-Cohan granted defendant Marie Holdings, Inc. (hereinafter, “Marie”) a judgment of foreclosure and sale against Biclyn Corp. (the former owner of the property).Plaintiff purportedly bought the property from Biclyn for $20,000 after the judgment of foreclosure and sale was entered. Plaintiff claims that there was no valid lis pendens on the property when the judgment of foreclosure and sale was signed by Justice Ling-Cohan and, therefore, the judicial sale of the property cannot proceed. Plaintiff claims that it attempted to intervene in the 2011 foreclosure case, but its motion was denied. Plaintiff argues that it has standing to bring the instant action because it is the current owner of the property.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Labor & Employment Counsel - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Counsel in our renowned Labor & Employment Department, working w...


Apply Now ›
Go to Lawjobs