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WELLS FARGO BANK, N.A. v. HAYDEN

Index No. 100036/09. Appeal Nos. 15212-15212A. Case Nos. 2019-04445, 2020-01186.

202 A.D.3d 459 (2022)

158 N.Y.S.3d 580

2022 NY Slip Op 00748

Wells Fargo Bank, N.A., as Trustee for the Merrill Lynch Mortgage Investors Trust Loan, Asset-Backed Certificates, Series 2004-WMC4 under the Mortgage Pooling and Servicing Agreement dated as of June 1, 2004, Respondent, v. Carol Hayden, Appellant, et al., Defendants.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

Stephen C. Silverberg, PLLC, Uniondale (Stephen C. Silverberg of counsel), for appellant.

Stradley Ronon Stevens & Young, LLP, New York (Adam Weiss of counsel), for respondent.

Concur— Kapnick, J.P., Mazzarelli, Gesmer, Kennedy, Pitt, JJ.

Hayden contends that the sale of her condominium unit was invalid because the July Order was served by defendant Board of Managers of the Ruppert Yorkville Towers Condominium, rather than by plaintiff. Since Hayden failed to raise her CPLR 2220(a) argument below, her reliance on that statute on appeal is arguably unpreserved (see generally Martelly v New York City Health & Hosps. Corp., 276 A.D.2d 373, 374 [1st Dept 2000]). Nevertheless...

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