RSS WFCM2018-C44 - NY LOD, LLC v. 1442 Lexington Operating DE LLC, No. 22-1 (2d Cir. 2023)
Annotate this Case
The case presents an apparently unresolved question in the Second Circuit: whether a district court’s order granting a purportedly final judgment on a noteholder’s claims seeking (1) foreclosure on a mortgage, (2) foreclosure on a security interest in real property and (3) possession of said real property is an appealable final judgment – even though the order also refers the case to a magistrate judge to calculate the amount of the judgment of foreclosure and sale. The district court struck the Borrower’s and Guarantors’ affirmative defenses, granted the motion for summary judgment on the Foreclosure Claims, and granted the motion to sever the Guaranty Claim in an opinion and order dated December 2, 2021. On appeal, the Borrower contends that the district court improperly struck certain affirmative defenses prior to entering summary judgment for the Noteholder on the Foreclosure Claims.
The Second Circuit dismissed the appeal. The court concluded that such a judgment is not, in fact “final” within the meaning of 28 U.S.C. Section 1291 and that no other basis for appellate jurisdiction exist. The court explained that the district court did not certify its judgment as final and appealable under Federal Rule of Civil Procedure 54(b) in its December 2, 2021, Order and Judgment. And even if it did, the Court would have to “consider for itself whether the judgment satisfies the requirements of that rule.”
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.