Hand Down List decided on: June 5, 2019
By Austin, J.P.; Roman, Cohen and Barros, JJ.J & JT Holding Corp., res, v. Deutsche Bank National Trust Company, etc., ap — (Index No. 12296/14)Chidi A. Eze, Brooklyn, NY, for respondent.In an action, inter alia, pursuant to RPAPL article 15 to compel the determination of claims to real property, the defendant appeals from an order of the Supreme Court, Queens County (Rudolph E. Greco, Jr., J.), entered March 29, 2016. The order, insofar as appealed from, denied the defendant’s motion pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint.ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and the defendant’s motion pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint is granted.In October 2006, nonparty Pradeep Lakhanlall obtained a loan in the amount of $480,000 from nonparty Impac Funding Corporation (hereinafter Impac) secured by a mortgage on real property located in South Ozone Park. The mortgage was recorded by Mortgage Electronic Registration Systems, Inc. (hereinafter MERS), the mortgagee of record, on behalf of Impac. In April 2007, after Lakhanlall defaulted on the payment due on January 1, 2007, and those due thereafter, the defendant, Deutsche Bank National Trust Company (hereinafter Deutsche Bank), commenced an action to foreclose the mortgage (hereinafter the foreclosure action). In an order dated October 1, 2008, the Supreme Court denied Deutsche Bank’s ex parte motion for a judgment of foreclosure and sale because Deutsche Bank failed to annex a copy of the relevant assignment between it and MERS.Deutsche Bank subsequently moved for leave to renew its motion for a judgment of foreclosure and sale, and included a copy of the assignment dated October 10, 2007, of the subject mortgage, together with the note, from MERS, as nominee for Impac, to it, referenced by the court in the prior order. In an order entered October 21, 2009 (hereinafter the October 2009 order), the Supreme Court granted leave to renew, and thereupon, adhered to its original determination and, sua sponte, directed dismissal of the complaint in the foreclosure action for lack of standing since the foreclosure action was commenced on April 30, 2007, prior to the date of the subject assignment.Thereafter, Deutsche Bank moved to discontinue the foreclosure action and to cancel the notice of pendency that was filed when the foreclosure action was commenced. The motion was unopposed. By order entered June 12, 2013 (hereinafter the June 2013 order), the Supreme Court granted Deutsche Bank’s motion, relieved the appointed referee, and directed that the Queens County Clerk cancel the notice of pendency.
