Greenpoint Mortg. Corp. v. Lamberti

• Decision Date: 10 April 2012
• Citation: 94 A.D.3d 815,2012 N.Y. Slip Op. 02634,941 N.Y.S.2d 864
• Parties: GREENPOINT MORTGAGE CORP., et al., respondents, v. Mary M. LAMBERTI, appellant, et al., defendants.
• Court: New York Supreme Court — Appellate Division

2012 N.Y. Slip Op. 02634

94 A.D.3d 815

941 N.Y.S.2d 864

GREENPOINT MORTGAGE CORP., et al., respondents,

v.Mary M. LAMBERTI, appellant, et al., defendants.

Supreme Court, Appellate Division, Second Department, New York.

April 10, 2012.

R. Bertil Peterson, Lake Success, N.Y., for appellant.

Jaspan Schlesinger, LLP, Garden City, N.Y. (Scott B. Fisher, Christopher E. Vatter, and Natasha Shishov of counsel), for respondent Greenpoint Mortgage Corp.

Lawrence & Walsh, P.C., Hempstead, N.Y. (Eric P. Wainer of counsel), for respondent Plaza Equities, LLC.

In an action to foreclose a mortgage, the defendant Mary M. Lamberti appeals from an order of the Supreme Court, Nassau County (Adams, J.), dated October 13, 2010, which, inter alia, denied her motion pursuant to CPLR 3211(a)(3) to dismiss the complaint insofar as asserted against her for lack of standing and granted that branch of the motion of Plaza Equities, LLC, which was, in effect, to be added as a party plaintiff.

ORDERED that the order is affirmed, with one bill of costs.

Contrary to the appellant's contention, under the circumstances of this case, the Supreme Court did not err in determining that Plaza Equities, LLC, the assignee of the subject note and mortgage, should be added as a party plaintiff to this foreclosure action ( see Maspeth Fed. Sav. & Loan Assn. v. Simon–Erdan, 67 A.D.3d 750, 751, 888 N.Y.S.2d 599; Central Fed. Sav. v. 405 W. 45th St., 242 A.D.2d 512, 662 N.Y.S.2d 489; Signature Bank v. 1775 E. 17th St., LLC, 32 Misc.3d 1240[A], 2011 N.Y. Slip Op. 51645[U], 2011 WL 4056071 ).

The appellant's remaining contentions are without merit or refer to matter dehors the record ( see Matter of Ross v. Ross, 90 A.D.3d 669, 933 N.Y.S.2d 885)...