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CITIMORTGAGE, INC. v. PANTOJA

9821, 13637/06.

176 A.D.3d 655 (2019)

111 N.Y.S.3d 584

2019 NY Slip Op 07868

Citimortgage, Inc., Respondent, v. Rafael Pantoja et al., Defendants, and Ana Iris Salazar et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 31, 2019.

Attorney(s) appearing for the Case

Balfe & Holland, P.C., Melville ( Lee E. Riger of counsel), for appellants.

Houser & Allison, APC, New York ( Victoria R. Serigano of counsel), for respondent.

Concur—Renwick, J.P., Gische, Kapnick, Singh, JJ.

It is undisputed that nonparty Rapsil Corporation conveyed the same property to two different recipients, first, defendant Rafael Pantoja (who obtained a mortgage now owned by plaintiff, and, second, a bona fide entity that transferred it to the Salazar defendants. Pantoja is the principal of Rapsil.

In a 2012 action by plaintiff's predecessor in interest, ABN AMRO, where the sole issue was lien priority (see ABN Amro Mtge. Group, Inc. v Pantoja,

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