Federal Home Loan Mortgage Corp. v. O'Brien

The appellant’s challenge to the standing and legal capacity of the plaintiff to commence the foreclosure action is improperly raised on this appeal, since the same arguments were determined adversely to the appellant in a prior order granting summary judgment and the judgment of foreclosure, and he took no appeal therefrom (see generally, GG Mgrs. v Fidata Trust Co., 215 AD2d 241; Spa Realty Assocs. v Springs Assocs., 213 AD2d 781; Cherico v Bank of N. Y., 211 AD2d 961; Williams v Steinberg, 211 AD2d 597; Bank of N. Y., v Route 312 Dev. Corp., 185 AD2d 582).

Furthermore, we find unpersuasive…