Back to feedAnalyzed Oct 15, 2026 View on CourtListener
(Aderibigbe Ogundiran cannot appeal)CivilCourt of AppealsAppeal
Green Tree Servicing, LLC v. Roberts
- Court
- Appellate Division of the Supreme Court of the State of New York
- Decided
- Oct 14, 2026
- Docket
- 2024-07762
- Judges
- Not listed
Cited as2026 NY Slip Op 05939
Detailed analysis & 3-line summary
AI breakdown
Where this case stands
Supreme Court: Aderibigbe Ogundiran's appeal due to lack of standing.
This decision · Appeal
(Aderibigbe Ogundiran cannot appeal)
TL;DR
- 1Aderibigbe Ogundiran appealed a foreclosure judgment affecting a property he wasn't part of.
- 2The court ruled that he could not appeal the judgment since he was not an aggrieved party.
- 3His lack of involvement in the case meant he had no standing to bring the appeal.
Key issues
- 1
Could Aderibigbe Ogundiran appeal the foreclosure judgment?
Holding · The court decided he could not appeal since he did not seek any relief or participate in the case.
Why it matters
This ruling clarifies that only parties directly involved in a case can appeal judgments.
If you were the judge?
A man appeals a mortgage foreclosure judgment but wasn't involved. Can he appeal?
- 1A company wants to foreclose on a property tied to certain defendants in New York, and a judgment was made to sell it.
- 2A man not involved in the original case says the foreclosure decision affects him and wants to appeal.
- 3The court has to decide if he can appeal since he wasn't part of the case and never asked for involvement.
Should the man who wasn’t part of the case be allowed to appeal the foreclosure judgment?
Vote to earn 10 Verdict Points
Parties
Appellant
Green Tree Servicing, LLC
Appellee
Roberts
Roles are inferred from the case caption.
Opinion of the court
Green Tree Servicing, LLC v Roberts
2026 NY Slip Op 05939
October 14, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
Green Tree Servicing, LLC, plaintiff,
v
Eunice Roberts, et al., defendants; Aderibigbe Ogundiran, nonparty-appellant; MTGLQ Investors, LP, nonparty-respondent.
Supreme Court of the State of New York, Appellate Division, Second Judicial Department
Decided on October 14, 2026
2024-07762, (Index No. 368/15)
Hector D. Lasalle, P.J.
Linda Christopher
Carl J. Landicino
James P. McCormack, JJ.
Aderibigbe Ogundiran, Brooklyn, NY, nonparty-appellant pro se.
Druckman Law Group PLLC, Westbury, NY (Maria Sideris of counsel), for nonparty-respondent.
[*1]
DECISION & ORDER
In an action to foreclose a mortgage, nonparty Aderibigbe Ogundiran appeals from an order and judgment of foreclosure and sale (one paper) of the Supreme Court, Kings County (Noach Dear, J.), dated January 2, 2019. The order and judgment of foreclosure and sale, inter alia, directed the sale of the subject property.
ORDERED that the appeal is dismissed, without costs or disbursements, as nonparty Aderibigbe Ogundiran is not aggrieved by the order and judgment of foreclosure and sale appealed from (see CPLR 5511; Mixon v TBV, Inc., 76 AD3d 144, 156-157).
CPLR 5511 provides, in relevant part, that "[a]n aggrieved party or a person substituted for him [or her] may appeal from any appealable judgment or order except one entered upon the default of the aggrieved party." "A person is aggrieved within the meaning of CPLR 5511 'when he or she asks for relief but that relief is denied in whole or in part,' or, 'when someone asks for relief against him or her, which the person opposes, and the relief is granted in whole or in part'" (Estella v Val Auto, LLC, 221 AD3d 967, 967-968 [emphasis omitted], quoting Mixon v TBV, Inc., 76 AD3d 144, 156-157; see CPLR 5511).
Here, the appellant is not aggrieved within the meaning of CPLR 5511 since he neither moved for any relief nor was any relief granted against him (see Matter of MTGLQ Invs., L.P. v Marconti, 244 AD3d 1025). Moreover, he did not participate in the action and did not move for leave to intervene therein, and the order and judgment of foreclosure and sale did not directly affect him (see Weiss v Monaco, 245 AD2d 443). Accordingly, the appellant lacks standing to maintain this appeal, and the appeal must be dismissed.
LASALLE, P.J., CHRISTOPHER, LANDICINO and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court