U.S. BANK N.A. v. ASHON

2021-09622, Index No. 130287/09.

2024 NY Slip Op 02077

U.S. BANK NATIONAL ASSOCIATION, ETC., Respondent, v. PAAKWESI ASHON, ET AL., Defendants; ADAM PLOTCH, ETC., Nonparty-Appellant.

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

Decided April 17, 2024.


Attorney(s) appearing for the Case

Rosenberg Fortuna & Laitman, LLP, Garden City, NY ( Anthony R. Filosa of counsel), for nonparty-appellant.

Gross Polowy, LLC, Westbury, NY ( Stephen J. Vargas and Alexandra R. Heaney of counsel), for respondent.

Before: Cheryl E. Chambers, J.P., Linda Christopher, Helen Voutsinas, Laurence L. Love, JJ.


DECISION & ORDER

In an action to foreclose a mortgage, nonparty Adam Plotch, as successor in interest to the defendant Paakwesi Ashon, appeals from an order of the Supreme Court, Richmond County (Thomas P. Aliotta, J.), dated November 23, 2021. The order denied nonparty Adam Plotch's motion to set aside a foreclosure sale of the subject property held on November 7, 2019, and vacate a referee's deed to the property dated November 21, 2019.

ORDERED that...

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