Flushing Sav. Bank v. CCN Realty Corp.
| Decision Date | 21 January 1980 |
| Parties | FLUSHING SAVINGS BANK, Appellant, v. CCN REALTY CORP. et al., Respondents et al., Defendants, Richard Sanchez, Intervenor-Respondent. |
| Court | New York Supreme Court — Appellate Division |
Schutzman & Schutzman, Wantagh (Charles M. Schutzman, Wantagh, of counsel), for appellant.
Arthur G. Nadel, New York City, for respondent CCN Realty Corp.
Kleinman & Saltzman, P. C., New City (Lawrence D. Kleinman, New City, of counsel), for respondent Nathan Wagner.
Charles T. Bistany, Yonkers, for intervenor-respondent.
Before DAMIANI, J. P., and TITONE, COHALAN, O'CONNOR, JJ.
MEMORANDUM BY THE COURT.
In an action to foreclose a mortgage on real property, plaintiff mortgagee appeals, as limited by its notice of appeal and brief, from so much of an order of the Supreme Court, Westchester County, dated July 10, 1979, as denied plaintiff's motion for summary judgment and required the addition of certain parties-defendant.
Order modified by deleting therefrom the provision requiring plaintiff to join the New York State Department of Social Services as a defendant in this action and adding thereto a provision denying that part of defendant Wagner's cross motion that requested such relief. As so modified, order affirmed insofar as appealed from, without costs or disbursements, and within 20 days after service upon the plaintiff of a copy of the order to be entered hereon with notice of entry thereof, plaintiff shall serve upon the parties named in the caption as "JOHN DOE # 1" through "JOHN DOE # 200", inclusive, all papers in this action, as necessary parties-defendant.
It was improper to require plaintiff to join the New York State Department of Social Services in this action since the department has no property interest in the premises so as to make it a necessary defendant in the foreclosure action (see Real Property Actions and Proceedings Law, §§ 1311, 1313, 202). However, Special Term properly denied plaintiff's motion to amend the caption of the action to eliminate, as parties, the facility's residents who have not yet been served in the action. As tenants whose leaseholds are subordinate to the mortgage of plaintiff, they are necessary parties and must be joined by plaintiff (see Real Property Actions and Proceedings Law, § 1311, subd. 1; Averill v. Taylor, 8 N.Y. 44; National Bank of North Amer. v. Gloucester Equities, 82 Misc.2d 811, 372 N.Y.S.2d 348; contra, Home Life Ins. Co. v. O'Sullivan, 151...
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1644 Broadway LLC v. Jimenez
...; Polish Nat'l Alliance v. White Eagle Hall Co., 98 A.D.2d 400, 470 N.Y.S.2d 642 (2d Dept., 1983) ; Flushing Savings Bank v. CCN Realty, 73 A.D.2d 945, 424 N.Y.S.2d 27 (2d Dept., 1980). Additionally, see Rockaway Improvement, LLC v. Danco Transmission Corp., 9 Misc.3d 210, 801 N .Y.S.2d 138......
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Polish Nat. Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co., Inc., 1
...include persons with title to the premises (Slattery v. Schwannecke, 118 N.Y. 543, 23 N.E. 922), tenants (Flushing Savings Bank v. CCN Realty Corp., 73 A.D.2d 945, 424 N.Y.S.2d 27), and those holding subordinate liens (Swackhamer, Inc. v. P.F.L. Constr. Corp., supra ), or subordinate judgme......
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Matter of Village Rathskeller, Inc., Bankruptcy No. 91-B-12914 (TLB).
...in the premises, the tenant is considered a necessary party defendant to foreclosure actions. Flushing Savings Bank v. CCN Realty Corp., 73 A.D.2d 945, 424 N.Y.S.2d 27 (2d Dep't. 1980); G.B. Seely's Son, Inc. v. Fulton-Edison, Inc., 52 A.D.2d 575, 382 N.Y.S.2d 516 (2d Dep't.1976). The court......
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Comcoach Corp., In re
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