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Real Property: Foreclosure | New York Northern
Judgment
JUDGMENT: in favor of Margolin Weinreb & Neirer, LLP and Sterling National Bank against Juan-Jose Brookins. (Copy served upon pro se plaintiff via regular and certified mail.) (nmk)
Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Summary Judgment
MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that Defendants' motion to dismiss (Dkt. No. 21 ) is GRANTED. It is further ORDERED that all claims seeking review, rejection, or relief from the 2023 Judgment of Foreclosure and Sale are DISMISSED without prejudice and without leave to replead. It is further ORDERED that Plaintiff's due process claim under 42 U.S.C. § 1983 is DISMISSED for failure to state a plausible claim for relief. It is further ORDERED that to the extent Plaintiff's state law fraud upon the court, wrongful foreclosure, and void judgment claims are not barred by Rooker-Feldman, they are DISMISSED without prejudice and without leave to replead. It is further ORDERED that all claims on behalf of the Trust are DISMISSED without prejudice. It is further ORDERED that Plaintiff's motions for summary judgment (Dkt. Nos. 26 , 28 ) are DENIED as moot. It is further ORDERED that the Clerk is directed to enter judgment and close this case. Signed by Chief Judge Brenda K. Sannes on 9/14/2026. (Attachments: # 1 Unpublished Case Law Cited) (Copy served upon pro se plaintiff via regular and certified mail.) (nmk)
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