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Decided on April 7, 2009
Supreme Court, Richmond County

102930/08
Thomas P. Aliotta, J.
Plaintiff's application (No. 2169) by order to show cause dated July 8, 2008 for a preliminary injunction is denied, as is her further motion (No. 3517) to consolidate a related foreclosure proceeding pending against her under Index No. 103999/08 with this action; the motion (No. 3628) of defendant Wells Fargo Bank, N.A. (hereinafter "Wells Fargo") to dismiss the complaint pursuant to CPLR 3211(a)(7) is granted, as is the cross motion (No. 055) for summary judgment of defendant Premium Capital Funding, LLC d/b/a Topdot Mortgage.
The underlying action to, inter alia, void a mortgage, arises out of a real estate transaction wherein plaintiff Yolanda Mejias (hereinafter "plaintiff") and nonparty Elsie Mejias purchased residential premises located at 260 Targee Street, Staten Island, New York 10304. Plaintiff asserts two causes of action, the first as against defendant Topdot, for its alleged "predatory lending violations" of Banking Law

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