Nationwide Associates, Inc. v. Hamor

Appellate Division of the Supreme Court of New York

Nationwide Associates, Inc. v. Hamor

229 A.D.2d 479, 644 N.Y.S.2d 1000, 1996 N.Y. App. Div. LEXIS 7769

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

DecidedJuly 15, 1996

StatusPublished

This text of 229 A.D.2d 479 (Nationwide Associates, Inc. v. Hamor) 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

Nationwide Associates, Inc. v. Hamor, 229 A.D.2d 479, 644 N.Y.S.2d 1000, 1996 N.Y. App. Div. LEXIS 7769 (N.Y. Ct. App. 1996).

Pincite

Opinion

—In an action to foreclose a mortgage, the defendants Antonio Kyriasis, Mersina Kyriasis and Citibank, N. A., appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Lane, J.), dated February 24, 1995, as (1) modified a Referee’s report of sale so as to provide for interest following the entry of the judgment at the statutory rate of 9% per annum, and (2) is in favor of the plaintiff and against the defendant Phyllis Hamor for a deficiency in the principal sum of $257,270.82.

Ordered that the appeal is dismissed, with costs.

The defendants, Antonio Kyriasis, Mersina Kyriasis and Citibank, N. A., are not "aggrieved parties” within the purview of CPLR 5511 and, therefore, lack standing to contest the deficiency judgment against their codefendant (see, Prudential Sav. Bank v Panchar Realty Corp., 72 AD2d 792). Moreover, these defendants did not appeal from an order concerning the sale of their real property in Bayside, New York, which order also denied the plaintiff’s application pursuant to RPAPL 1301 for leave to commence a plenary action for enforcement of a letter agreement pertaining to satisfaction of the mortgage on the subject real property, and, therefore, these issues are not properly before this Court. Bracken, J. P., Thompson, Krausman and Florio, 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 defendants Antonio Kyriasis, Mersina Kyriasis and Citibank, N. A., appeal, as limited by their brief, from so much of an order and judgment (one paper) of the Supreme Court, Queens County (Lane, J.), dated February 24, 1995, as (1) modified a Referee’s report of sale so as to provide for interest following the entry of the judgment at the statutory rate of 9% per annum, and (2) is in favor of the plaintiff and against the defendant Phyllis Hamor for a deficiency in the principal sum of $257,270.82.

Ordered that the appeal is dismissed, with costs.

The defendants, Antonio Kyriasis, Mersina Kyriasis and Citibank, N. A., are not "aggrieved parties” within the purview of CPLR 5511 and, therefore, lack standing to contest the deficiency judgment against their codefendant (see, Prudential Sav. Bank v Panchar Realty Corp., 72 AD2d 792). Moreover, these defendants did not appeal from an order concerning the sale of their real property in Bayside, New York, which order also denied the plaintiff’s application pursuant to RPAPL 1301 for leave to commence a plenary action for enforcement of a letter agreement pertaining to satisfaction of the mortgage on the subject real property, and, therefore, these issues are not properly before this Court. Bracken, J. P., Thompson, Krausman and Florio, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

229 A.D.2d 479, 644 N.Y.S.2d 1000, 1996 N.Y. App. Div. LEXIS 7769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nationwide-associates-inc-v-hamor-nyappdiv-1996.

Opinion

Related

Cite This Page — Counsel Stack