FKB recently secured dismissal of a CPLR §3213 summary judgment motion in lieu of complaint brought against our client, a court-appointed referee, in connection with a contested foreclosure auction. The claimant sought to compel the referee to accept an auction bid that was well below the established “upset” price, alleging that the referee “failed to obey” the foreclosure judgment by rejecting the insufficient bid.

In opposition, FKB advanced multiple defenses, including judicial immunity, lack of standing and personal jurisdiction, the inability to use CPLR §3213 to compel specific performance, and the absence of any conduct warranting reversal of the bank reversion.  The Court ultimately denied the claimant’s motion on standing grounds.

If you have any questions about this decision or the defense of attorneys and other professionals, please contact Aaron M. Barham or Rahni Stewart.