NationsCredit Financial Services Corporation v Wensley Moore

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NationsCredit Fin. Servs. Corp. v Moore 2004 NY Slip Op 05576 [8 AD3d 209] June 29, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2004

NationsCredit Financial Services Corporation, Respondent,
v
Wensley Moore, Appellant, et al., Defendants.

—[*1]

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered June 16, 2003, which denied defendant-appellant Moore's motion to, inter alia, vacate a judgment of foreclosure and set aside the sale, unanimously affirmed, without costs.

We affirm on the ground that appellant lacked standing to cure a mortgage default under the Bankruptcy Code (11 USC § 1322 [c] [1]) because he was not the defaulting mortgagor. The motion court aptly noted that appellant's collateral claim would be properly advanced in a different action.

We have considered appellant's other contentions and find them unavailing. Concur—Tom, J.P., Andrias, Williams, Marlow and Gonzalez, JJ.