Chase Manhattan Mortgage Corporation v. Anatian

• Decision Date: 17 October 2005
• Docket Number: 2004-01944.,2004-10848.
• Citation: Chase Manhattan Mortgage Corporation v. Anatian, 22 A.D.3d 625, 802 N.Y.S.2d 743, 2005 NY Slip Op 7652 (N.Y. App. Div. 2005)
• Parties: CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, v. RACHAMIN ANATIAN et al., Defendants, and YONA DORIT ANATIAN, Respondent. BEDFORD PARK DEVELOPMENT CORPORATION, Nonparty Respondent-Appellant. INTERBORO EQUITIES, LLC, et al., Nonparty Appellants-Respondents.
• Court: New York Supreme Court — Appellate Division

22 A.D.3d 625

802 N.Y.S.2d 743

2005 NY Slip Op 07652

CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, v. RACHAMIN ANATIAN et al., Defendants, and YONA DORIT ANATIAN, Respondent BEDFORD PARK DEVELOPMENT CORPORATION, Nonparty Respondent-Appellant INTERBORO EQUITIES, LLC, et al., Nonparty Appellants-Respondents.

2004-01944.

2004-10848.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 17, 2005.

In an action to foreclose a mortgage, Interboro Equities, LLC, David Krinsky, and Sarah Krinsky, the purchasers, appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Kings County (Spodek, J.), dated December 5, 2003, as granted those branches of the motion of the defendant Yona Dorit Anatian and nonparty Bedford Park Development Corporation which were to vacate an order of reference, a judgment of foreclosure and sale, and a referee's deed, and (2) David Krinsky and Sarah Krinsky appeal, as limited by their brief, from so much of an order of the same court dated November 8, 2004, as, in effect, upon reargument of those branches of the motion which were to vacate the order of reference, judgment of foreclosure and sale, and referee's deed, adhered to the original determination granting those branches of the motion, and Bedford Park Development Corporation cross-appeals from stated portions of the order dated December 5, 2003.

Ordered that the appeal from the order dated December 5, 2003, is dismissed, as the order insofar as appealed from was superseded by that portion of the order dated November 8, 2004, which was made upon reargument; and it is further,

Ordered that the order dated November 8, 2004, is reversed insofar as appealed from, on the law and in the exercise of discretion, upon reargument, so much of the order dated December 5, 2003, as granted those branches of the motion of the defendant Yona Dorit Anatian and nonparty Bedford Park Development Corporation which were to vacate the order of reference, judgment of foreclosure and sale, and referee's deed is vacated, those branches of the motion are denied, and the order of reference, judgment of foreclosure and sale, and referee's deed are reinstated; and it is further,

Ordered that the cross appeal from the order dated December 5, 2003, is dismissed as abandoned (see 22 NYCRR 670.8 [c] [3]); and it is further,

Ordered that one bill of costs is awarded to the nonparty appellants-respondents.

As the Supreme Court reviewed the merits of the arguments of the...