Balt v. J.S. Funding Corp.

Appellate Division of the Supreme Court of New York

Balt v. J.S. Funding Corp.

230 A.D.2d 699, 646 N.Y.S.2d 50, 1996 N.Y. App. Div. LEXIS 8234

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 5, 1996

StatusPublished

Cited by2 cases

This text of 230 A.D.2d 699 (Balt v. J.S. Funding Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Balt v. J.S. Funding Corp., 230 A.D.2d 699, 646 N.Y.S.2d 50, 1996 N.Y. App. Div. LEXIS 8234 (N.Y. Ct. App. 1996).

Pincite

Opinion

—In an action to determine certain rights to real property pursuant to RPAPL article 15, the plaintiffs appeal from an order of the Supreme Court, Kings County (Yoswein, J.), dated March 9, 1995, which, inter alia, granted the defendants’ motion to dismiss their complaint.

Ordered that the order is affirmed, with costs.

A tenant is not an indispensable party to a foreclosure action, and the failure to name a tenant does not render the judgment of foreclosure and sale defective (see, 1 Bergman, New York Mortgage Foreclosures § 12.03 [1]; see also, Genuth v First Div. Ave. Realty Corp., 88 Misc 2d 586). Accordingly, there is no merit to the plaintiffs’ challenge to the amended judgment of foreclosure and sale entered in a related action.

The plaintiffs’ remaining contentions are without merit.

Thompson, J. P., Joy, Krausman and Florio, JJ., concur.

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