Fargo v. Tyson

82 A.D.3d 757, 917 N.Y.2d 914

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 1, 2011
• Status: Published

Opinion

Wells Fargo Bank, N.A., was not a party to the action resulting in the judgment from which it appeals. Moreover, it had no notice of the action. Accordingly, the Supreme Court was not authorized to issue a judgment against it (see Harris v Manhattan & Bronx Surface Tr. Operating Auth., 222 AD2d 488 [1995]; Nowinski v City of New York, 189 AD2d 674, 675 [1993]; Washington v Brookdale Hosp., 126 AD2d 719, 720 [1987]; Matter of Shleifman [Steinberg], 79 AD2d 587 [1980]).

In light of our determination, we need not address Wells Fargo Bank, N.A.’s remaining contentions. Rivera, J.E, Balkin, Leventhal and Hall, JJ., concur.