Towd Point Mtge. Trust 2019-3 v. Minogue
Docket 373 CA 25-00585
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Citation
- 2026 NY Slip Op 02575
- Docket
- 373 CA 25-00585
Appeal from an order denying defendant's motion to vacate a default judgment in a foreclosure action
Summary
The defendant appealed from a Supreme Court (Onondaga County) order denying his motion to vacate a default judgment in a mortgage foreclosure action. While the appeal was pending, the defendant and plaintiff’s attorney signed a stipulation of discontinuance in February 2026. The Appellate Division consequently dismissed the appeal without costs on April 24, 2026. The court did not reach the merits of the underlying motion to vacate because the parties stipulated to discontinue the action.
Issues Decided
- Whether the appeal of the denial of defendant's motion to vacate a default judgment should proceed after the parties filed a stipulation of discontinuance.
- Whether costs should be awarded on dismissal following a stipulation discontinuing the appeal.
Court's Reasoning
The court dismissed the appeal because the parties filed a stipulation of discontinuance while the appeal was pending, which terminated the appeal without the need to resolve the underlying merits. Because the dismissal was by stipulation, the court concluded dismissal should be without costs. The decision did not address the substantive question of vacating the default judgment.
Parties
- Plaintiff
- Towd Point Mortgage Trust 2019-3, U.S. Bank National Association, Indenture Trustee
- Defendant
- Patrick Minogue (also known as Patrick J. Minogue, III)
- Attorney
- BJ Finneran (Zechner Ellman & Krause LLP)
- Judge
- Joseph E. Lamendola
Key Dates
- Supreme Court order denying motion entered
- 2024-10-07
- Stipulation of discontinuance signed by defendant
- 2026-02-09
- Stipulation of discontinuance signed by plaintiff's attorney
- 2026-02-16
- Appellate Division decision dismissing appeal
- 2026-04-24
What You Should Do Next
- 1
Review the stipulation of discontinuance
Carefully read the signed stipulation to determine whether it resolves the underlying default judgment and whether any conditions or reservations were preserved.
- 2
Consult counsel about trial-court options
If you are the defendant and want the default judgment vacated, consult an attorney about motions or applications in Supreme Court to enforce, modify, or reopen the stipulation or challenge the default judgment under applicable rules.
- 3
Confirm case status with clerk
Check the trial court and county clerk records to confirm whether the stipulation resulted in discontinuance of the entire action and to identify any remaining deadlines or filings.
Frequently Asked Questions
- What does this decision mean?
- The appeal was dismissed because both parties agreed to discontinue the case, so the appellate court did not decide the underlying dispute about the default judgment.
- Who is affected by this dismissal?
- The parties to the foreclosure action — the plaintiff mortgage trustee and the defendant homeowner — are affected; the dismissal ends the pending appeal between them.
- What happens to the underlying default judgment?
- Because the court dismissed the appeal by stipulation, it did not rule on whether the default judgment should be vacated; the practical status of the default judgment depends on the terms of the stipulation and any action the parties take in the trial court.
- Can this dismissal be appealed?
- A dismissal by stipulation is final as to the appeal; a party seeking further relief would need to pursue appropriate remedies in the trial court or seek to reopen the stipulation if legally permissible.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Towd Point Mtge. Trust 2019-3 v Minogue - 2026 NY Slip Op 02575 Towd Point Mtge. Trust 2019-3 v Minogue 2026 NY Slip Op 02575 April 24, 2026 Appellate Division, Fourth Department TOWD POINT MORTGAGE TRUST 2019-3, U.S. BANK NATIONAL ASSOCIATION, INDENTURE TRUSTEE, PLAINTIFF-RESPONDENT, v PATRICK MINOGUE, ALSO KNOWN AS PATRICK J. MINOGUE, III, DEFENDANT-APPELLANT. Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department Decided on April 24, 2026 373 CA 25-00585 Present: Lindley, J.P., Curran, Ogden, Greenwood, And Delconte, JJ. PATRICK J. MINOGUE, III, DEFENDANT-APPELLANT PRO SE. ZECHNER ELLMAN & KRAUSE LLP, NEW YORK CITY (BJ FINNERAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT. Appeal from an order of the Supreme Court, Onondaga County (Joseph E. Lamendola, J.), entered October 7, 2024. The order denied defendant's motion to vacate a default judgment. Now, upon reading and filing the stipulation of discontinuance signed by defendant and the attorney for the plaintiff on February 9 and 16, 2026, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: April 24, 2026 Ann Dillon Flynn