Brown v. McCue Mortgage Company
Because the plaintiff did not challenge the basis of the court's dismissal of his action on appeal, the Appellate Court declined to reach the issues he did brief as there was no practical relief the court could grant on the claims raised. Joseph Brown contracted for the sale of property in Brooklyn. He entered into a mortgage agreement with McCue Mortgage Company and a loan modification with the Connecticut Housing Finance Authority and failed to make payments. The authority, as second mortgagee, commenced a foreclosure action against Brown and a judgment of foreclosure by sale eventually entered. Brown filed this action against McCue and the authority seeking declaratory relief, injunctive relief and an accounting. The trial court granted the defendants' motion to dismiss the action based on the prior pending action doctrine. Brown appealed, pro se, raising a myriad of claims. The Appellate Court declined to reach the claims and dismissed the appeal. The plaintiff failed to challenge the basis of the court's dismissal of his action under the prior pending action doctrine. Because there were unchallenged grounds to support the dismissal, the Appellate Court could grant no practical relief to the plaintiff on the claims he did raise.