O'Brien v. Chase Home Finance, LLC

Order, Supreme Court, New York County (Faviola A. Soto, J.), entered March 28, 2006, which denied plaintiff’s motion to vacate and annul a nonjudicial sale of his cooperative apartment and to enjoin and restrain defendants from closing on the sale and from effectuating any transfer of the stock and proprietary lease during the pendency of this action and sua sponte dismissed the complaint, unanimously reversed, on the law, with costs, and the matter remanded for further proceedings.

The motion court erred in dismissing the complaint in the absence of any request for such relief (see Taskiran v…