Fargo v. Tyson

Appellate Division of the Supreme Court of New York

Fargo v. Tyson

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

Appellate Division of the Supreme Court of the State of New York·Decided March 1, 2011·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 [758] 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.

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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 [758] 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.

Fargo v. Tyson, 82 A.D.3d 757, 917 N.Y.2d 914 (N.Y. Ct. App. 2011).

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Opinion

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