Opinion

Cold Spring Harbor Constr. Corp. v. Rosenblatt

  • 2025 NY Slip Op 33676(U)
Court
New York Supreme Court, Nassau County
Filed
Oct 8, 2025
Status
Unpublished
Author
Thomas Rademaker
Cited by
0 cases

The opinion

Cold Spring Harbor Constr. Corp. v Rosenblatt

2025 NY Slip Op 33676(U)

October 8, 2025

Supreme Court, Nassau County

Docket Number: Index No. 601570/2025

Judge: Thomas Rademaker

Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York

State and local government sources, including the New

York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official

publication.

INDEX NO. 601570/2025

NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/08/2025

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU - IASffRIAL PART 11

PRESENT: HON. THOMAS RADEMAKER

_ ___ ______________x

COLD SPRING HARBOR CONSTRUCTION

CORP., Index No 601570/2025

Plaintiff, Mot. Seq. 001

Submitted: 8/11/2025

-against- DECISION AND ORDER

STEPHEN ROSENBLATT, NATHAN

ROSENBLATT, CASEY DIEGO a/k/a

CASEY DIEGO ROSENBLATT,

STIFEL BANK & TRUST, and

MORTGAGE ELECTRONIC

REGISTRATION SYSTEMS, INC.,

AS NOMINEE for

LUXURY MORTGAGE CORP.

Defendants

_ _ _ _ _ _ _ _ __ __ _ __ _ _ _.X

UPON DUE DELIBERATION AND CONSIDERATION BY THE COURT of the

foregoing papers, including e-filed documents/exhibits numbered 43 through 57, this motion is

decided as follows:

The Defendant, Mortgage Electronic Registration Systems, Inc. as nominee for Luxury

Mortgage Corp. ("Moving Defendant") moves the Court by Notice of Motion for an Order

granting summary judgment in favor of Defendant in all respects.

On January 14, 2022, the Defendants, Stephen Rosenblatt and Nathan Rosenblatt

(collectively, "Rosenblatt"), executed and delivered a promissory note as well as a mortgage,

which secured the real property commonly known as 5722 Route 25A, Muttontown, NY 11732

as collateral as repayment of the promissory note. The mortgage was recorded in the Nassau

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INDEX NO. 601570/2025

NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/08/2025

County Clerk's Office on February 8, 2022 at liber 46317, page 849. On or about December 26,

2024, the Plaintiff filed a Notice of Mechanic' s Lien in the Nassau County Clerk's Office.

The Plaintiff filed their Summons and Complaint with the Court on January 22, 2025.

The Complaint provides that Plaintiff was a general contractor engaged in a renovation project

with the Rosenblatts, who on September 19, 2022, entered into a construction agreement with

the Plaintiff, in which the Plaintiff agreed to perform and provide certain work, labor, and

materials at the Premises in exchange for payment by the Rosenblatt Defendants. The Plaintiffs

contend that the Rosenblatt Defendants failed to make payment to Plaintiffs and seek foreclosure

of their mechanics lien upon the named Defendants. The Complaint seeks recovery based upon

alleged breach of contract, quantum meruit, account stated, unjust enrichment, and foreclosure

on mechanic' s lien.

Issue was joined with respect to the Plaintiff and moving Defendant when Delaware

Trustee of SMRF Trust II-A s/h/a Mortgage Electronic Registration Systems, Inc. as nominee for

Luxury Mortgage Corp. (" Moving Defendant") filed its Answer with the Court on March 13,

2025. The Moving Defendant asserts several affirmative defenses, including the failure of the

Plaintiff to state a cause of action as against the Moving Defendant, that documentary evidence

warrants the denial for one or two claims, that Plaintiff failed to join a necessary party, that there

was no privity of contract between Plaintiff and Moving Defendant, and that the Defendants'

mortgage cannot be foreclosed because it was recorded first in time and is superior to the

Plaintiffs lien. The Rosenblatt Defendants filed their Answer with the Court on March 21 , 2025,

denied the claim, and contend that the Plaintiffs "work under the Agreement deviated from

generally accepted industry standards, failed to comply with the scope of work and standards in

the Agreement and violated applicable building code." Joinder was completed when on May 27,

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INDEX NO. 601570/2025

NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/08/2025

2025, the Defendant, Stifel Bank and Trust ("Stifel") filed their Answer with the Court which

asserted several affirmative defenses, and asserted a cross claim against the Rosenblatt

Defendants to "recover reasonable attorney's fees, costs, advances, and disbursements if it is

required to protect its interest and rights in the subject property, including those required to

defend the instant matter."

The Moving Defendants seek summary judgment in their favor based upon their position

that a mechanic' s lien is subordinate to a prior recorded mortgage. The Rosenblatt Defendants

executed and delivered their promissory note and mortgage with the Moving Defendants on

January 14, 2022, in contrast with the filing of the Mechanic' s Lien by the Plaintiff on December

26, 2024. The Moving Defendants seek summary judgment on their Cross-Claim for Attorneys

Fees and costs against the Rosenblatt Defendants., as the Moving Defendants were a named

party in the instant mechanic's lien foreclosure action, and had to retain counsel to oppose the

foreclosure action.

In opposition, the Rosenblatt Defendants acknowledge the superiority of the mortgage

and the Plaintiffs, while naming the Moving Defendants as a party, have not filed opposition to

the Moving Defendants motion and have not asserted that the mechanic's lien has priority over

the mortgage. Ultimately, the priority of liens between the Plaintiff and Moving Defendant as

determined by Lien Law 13 [ 1] is not contested or at issue herein. Rather, it is the interpretation

of the mortgage contract between the Moving Defendant and the Rosenblatt Defendants on the

issue of legal fees which remains outstanding.

In support of their motion for summary judgment on costs and attorneys fees, the Moving

Defendants contend paragraph 9 of the mortgage contract allows the lender to do whatever is

reasonable to protect its interest in the Property and their rights under the mortgage. The Moving

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NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 10/08/2025

Defendants contend that they were authorized to defend themselves as a party to the foreclosure

action, and that the Rosenblatt Defendants' alleged default triggered the need for the Default

Defendant to defend itself.

In contrast, the Rosenblatt Defendants contend that none of the elements of the section 9

regarding the lender's right to legal fees against the borrowers were triggered. These elements

include that (1) a legal proceeding that significantly affects Lender's interest in the Property, (2)

a legal proceeding which would give a Person rights that equal or exceed Lender' s interest in the

Property; or (3) a legal proceeding for enforcement of a lien which may become superior to the

Security Instrument.

Ultimately, the position that the mortgage has priority over the claimed mechanic 's lien

is inconsistent with the idea that the Plaintiffs action at this juncture significantly affects the

rights of the Lender's interest in the property. Furthermore, the Rosenblatts argued that the

mechanic 's lien was overstated, and that the Plaintiff did not perform their services in a

workman like manner.

Accordingly, summary judgment m favor of the Moving Defendant and against the

Plaintiff is GRANTED in part as the Moving Defendant's mortgage has priority over the

mechanic lien claim, and the motion is DENIED in part with respect to the Moving Defendant's

application for summary judgment against the Rosenblatt Defendants.

This constitutes the Decision and Order of the Court.

Dated: Mineola, NY

October 8, 2025

Hon. Thomas Rademaker, J. S. C.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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