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ILAN v. WASHINGTON

Index No. 110033/08. Appeal Nos. 12921-12922N. Case Nos. 2020-01364, 2020-01365, 2020-01667.

190 A.D.3d 554 (2021)

136 N.Y.S.3d 701

2021 NY Slip Op 00256

Rony Ilan, as Assignee and Successor in Interest to Progressive Credit Union, Respondent, v. Monica Washington et al., Defendants. Rony Ilan, as Assignee, Respondent, v. Monica Washington et al., Defendants. Marisa Falero, Nonparty Appellant. First Harlem, LLC, Nonparty Respondent.

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

Decided January 19, 2021.

Attorney(s) appearing for the Case

Marisa Falero, Brooklyn, appellant pro se.

Thompson & Knight LLP, New York ( David V. Mignardi of counsel), for First Harlem LLC, respondent.

Kishner Miller Himes P.C., New York ( Jeffrey M. Dine of counsel), for Rony Ilan, respondent.

Concur—Gische, J.P., Oing, Moulton, Mendez, JJ.

In the first order on review, the court providently exercised its discretion in granting plaintiff's motion to vacate its own order, issued sua sponte, which was not appealable (see Sholes v Meagher, 100 N.Y.2d 333 [2003]), based on plaintiff's showing of sufficient reason to believe the foreclosure sale was properly conducted and in the interest of substantial justice (see Woodson v Mendon Leasing Corp.,

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