Dime Savings Bank of New York FSB v. Luna

Appellate Division of the Supreme Court of New York

Dime Savings Bank of New York FSB v. Luna

302 A.D.2d 558, 755 N.Y.S.2d 300, 2003 N.Y. App. Div. LEXIS 1896

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

DecidedFebruary 24, 2003

StatusPublished

Cited by10 cases

This text of 302 A.D.2d 558 (Dime Savings Bank of New York FSB v. Luna) 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

Dime Savings Bank of New York FSB v. Luna, 302 A.D.2d 558, 755 N.Y.S.2d 300, 2003 N.Y. App. Div. LEXIS 1896 (N.Y. Ct. App. 2003).

Pincite

Opinion

In an action to foreclose a mortgage, the defendant Nathen Goldstein, Inc., appeals from an order of the Supreme Court, Kings County (Bárbaro, J.), dated March 15, 2002, which, inter alia, granted the motion of the nonparty respondent, Public Administrator of Kings County, as Administrator of the Estate of Silvia Luna, to vacate a judgment of foreclosure and sale, entered upon a default in answering, and to void the referee’s deed to the subject property.

Ordered that the order is affirmed, with costs.

“[A] plaintiff is unable to commence an action during the period between the death of a potential defendant and the appointment of a representative of the estate” (Laurenti v Teatom, 210 AD2d 300, 301 [1994]; see 100 W. 72nd St. Assoc. v Murphy, 144 Misc 2d 1036, 1040 [1989]; Stephens v Victory Mem. Hosp., 142 Misc 2d 61, 65-66 [1988]; 21A Carmody-Wait 2d, NY Prac § 129:24, at 276; 1 Weinstein-Korn-Miller, NY Civ Prac ¶ 210.04). Here, it is undisputed that no personal representative had been appointed for the decedent’s estate at the time that the plaintiff attempted to commence this action to foreclose on the mortgage on the decedent’s property.

The appellant’s remaining contentions are without merit. Smith, J.P., Goldstein, Townes and Mastro, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to foreclose a mortgage, the defendant Nathen Goldstein, Inc., appeals from an order of the Supreme Court, Kings County (Bárbaro, J.), dated March 15, 2002, which, inter alia, granted the motion of the nonparty respondent, Public Administrator of Kings County, as Administrator of the Estate of Silvia Luna, to vacate a judgment of foreclosure and sale, entered upon a default in answering, and to void the referee’s deed to the subject property.

Ordered that the order is affirmed, with costs.

“[A] plaintiff is unable to commence an action during the period between the death of a potential defendant and the appointment of a representative of the estate” (Laurenti v Teatom, 210 AD2d 300, 301 [1994]; see 100 W. 72nd St. Assoc. v Murphy, 144 Misc 2d 1036, 1040 [1989]; Stephens v Victory Mem. Hosp., 142 Misc 2d 61, 65-66 [1988]; 21A Carmody-Wait 2d, NY Prac § 129:24, at 276; 1 Weinstein-Korn-Miller, NY Civ Prac ¶ 210.04). Here, it is undisputed that no personal representative had been appointed for the decedent’s estate at the time that the plaintiff attempted to commence this action to foreclose on the mortgage on the decedent’s property.

The appellant’s remaining contentions are without merit. Smith, J.P., Goldstein, Townes and Mastro, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

302 A.D.2d 558, 755 N.Y.S.2d 300, 2003 N.Y. App. Div. LEXIS 1896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dime-savings-bank-of-new-york-fsb-v-luna-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack