Wade-Hampton Apts., Inc. v Ojeda
Annotate this CaseDecided on January 19, 2021
Supreme Court, Bronx County
Wade-Hampton Apartments, Inc., Petitioner,
against
Joann Ojeda, Respondent.
0026841/2020E
The petitioner, Wade-Hampton Apartments, Inc, is represented by Jacob E Amir, Esq., Smith Buss & Jacobs, LLP, 733 Yonkers Avenue, Suite 200, Yonkers, NY 10704.
The respondent, Joann Ojeda, appeared pro se.
Llinet M. Rosado, J.
The Petitioner moves this Court for an Order and Judgment pursuant to CPLR 6514, canceling the Notice of Pendency filed by the Respondent on January 30, 2017, in the matter under Index No. 300231/2017 and that the Bronx County Clerk reflect in its record that the Notice of Pendency is canceled, and of no force and effect.
The relevant record reveals that the Petitioner is the record owner of the residential cooperative building and real property located at 2081 Cruger Avenue, Bronx, NY (the property). The Respondent is a cooperative shareholder and lessee under a proprietary lease for Unit 3F at the property. On January 30, 2017, the Respondent commenced an action, under Index Number 300231/2017, against the New York Mortgage Company, LLC, Federal National Mortgage Association as Trustee for Securitized Trust Fannie Mae Remic Trust 2003-98; Fannie Mae, and Self Help Ventures Fund. In the complaint, among other claims, the Respondent challenged certain loan payment obligations as well as defendants' right to foreclose her interest in her cooperative unit. At the same time, the Respondent filed a Notice of Pendency against the property. On June 28, 2018, the Respondent filed an Amended Complaint where it also included the New York Mortgage Company, LLC C/O CitiMortgage, Inc. (CMI). The Petitioner herein was not named in the action and no allegations or claims for relief were ever made against it. CMI and Fannie Mae moved for dismissal of the complaint as against them, which was granted by the Court, without opposition, on January 5, 2018. On December 10, 2019, the Court dismissed the complaint in accordance with 22 NYCRR Section 202.27 for plaintiff's failure to appear. A review of the Bronx County Clerk's records reveals that the Respondent did not file a notice of appeal, or notice to reargue or renew, either of the dismissal orders issued by the Court nor did the Respondent move to extend notice of pendency. There has been no activity on the 2017 action since it was dismissed on December 10, 2019, yet the Notice of Pendency continues [*2]to be docketed against the property because it was never vacated.
The Petitioner alleges that it has no adequate remedy at law and brings this special proceeding, as an aggrieved party and pursuant to CPLR 6514, for an Order directing that the Notice of Pendency to be deemed of no force and effect, and that the Bronx County Clerk reflect in its records that the Notice of Pendency is canceled. The Petitioner reiterates that it was not named in the 2017 action and that no allegations or claims for relief were ever made against it. Moreover, the Petitioner argues that none of the named defendants in the 2017 action had any fiduciary relationship with the Petitioner, or its agents, for the purposes of accepting service or representing the Petitioner's interests as to the claims asserted by the Respondent in the 2017 action.
The Respondent submitted opposition and the Petitioner submitted a reply.
It is undisputed that the Respondent did not move to extend the Notice of Pendency within the three-year period mandated by CPLR 6513 requiring the Court to cancel it. CPLR 6513. Nonetheless, once the 2017 action warranting the Notice of Pendency was dismissed, the Notice of Pendency was subject to mandatory cancellation. CPLR 6514(a); (b).
The Respondent provides no defense to the petition herein.
As such, the petition is granted.
Accordingly, it is
ORDERED, that the Notice of Pendency filed in the action under Index No. 300231-2017, captioned Joann Ojeda v. The New York Mortgage Company LLC., affecting the real property located at 2081 Cruger Avenue, Bronx, New York, also described Block 4287 Lot 1 on the Tax Map of the City of New York, County of Bronx, is deemed of no force and effect, and canceled; and it is further
ORDERED, that the Bronx County Clerk and the City Register of the City of New York are directed to reflect this Order in the aforesaid action under which the Notice of Pendency was filed, and as against the real property affected by the Notice of Pendency, so as to reflect that the aforesaid Notice of Pendency is canceled, and of no force and effect; and it is further
ORDERED that the Petitioner shall serve a copy of this Order with Notice of Entry upon all parties within thirty (30) days of entry of this Order.
This constitutes the decision and order of the court.
Dated: January 19, 2021
Hon. Llinét M. Rosado, J.S.C.
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