PNC Bank, N.A. v Lefkowitz, 2020 NY Slip Op 04331 [185 AD3d 1068]
July 29, 2020
Appellate Division, Second Department
[*1]
PNC Bank, National Association, Respondent,
v
Esther Lefkowitz et al., Defendants, and Herschel Engel, Appellant.
Solomon Rosengarten, Brooklyn, NY, for appellant.
Sandelands Eyet LLP, New York, NY (William C. Sandelands of counsel), for respondent.
In an action to foreclose a mortgage, the defendant Herschel Engel appeals from a judgment of foreclosure and sale of the Supreme Court, Rockland County (Gerald E. Loehr, J.), dated August 23, 2017. The judgment of foreclosure and sale, upon an order of the same court dated November 16, 2016, inter alia, granting those branches of the plaintiff’s motion which were for summary judgment on the complaint insofar as asserted against the defendant Herschel Engel and for an order of reference, among other things, directed the sale of the subject property.
Ordered that the judgment of foreclosure and sale is affirmed, with costs.
As acknowledged by the appellant, the three points argued in his brief—i.e., that the plaintiff failed to establish its compliance with RPAPL 1304 as to the defendant Esther Lefkowitz, that the plaintiff failed to comply with the notice requirements contained in the mortgage instrument, and that the affidavit of the plaintiff’s mortgage officer, Dorothy J. Thomas, was deficient because she failed to state that she was familiar with the record-keeping practices and procedures of the plaintiff’s predecessor in interest—are all raised for the first time on appeal. Contrary to the appellant’s contention, these issues are not properly before this Court ( see OneWest Bank N.A. v Rey , 177 AD3d 990 , 992 [2019]; U.S. Bank N.A. v Wiener , 171 AD3d 1241 , 1242 [2019]; Bank of Am., N.A. v Tobin , 168 AD3d 661 , 664 [2019]; Waterfall Victoria Master Fund, Ltd v Dingilian , 92 AD3d 593 , 594 [2012]).
Accordingly, the judgment of foreclosure and sale should be affirmed. Chambers, J.P., Cohen, Brathwaite Nelson and Iannacci, JJ., concur..