Home Sav. of America, F.A. v. Gkanios
| Decision Date | 18 November 1996 |
| Citation | 233 A.D.2d 422,650 N.Y.S.2d 756 |
| Parties | HOME SAVINGS OF AMERICA, F.A., Respondent, v. Fotios GKANIOS, et al., Defendants, Maria Gkanios, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Marie Gkanios, Mahopac, appellant pro se.
Stockschlaeder, McDonald & Sules, P.C., New York City (Paul F. Stockschlaeder, of counsel), for respondent.
Before COPERTINO, J.P., and SANTUCCI, JOY and GOLDSTEIN, JJ.
MEMORANDUM BY THE COURT.
In an action to foreclose a mortgage, the defendant Marie Gkanios appeals, as limited by her brief, from so much of an order of the Supreme Court, Dutchess County (Juidice, J.), entered August 3, 1995, as denied her motion to dismiss the complaint for failure to join a necessary party.
ORDERED that the order is affirmed insofar as appealed from, with costs.
In an action to foreclose a mortgage, all parties having an interest, including persons holding title to the subject premises, must be made a "party defendant to the action" (RPAPL 1311[1]; see, Polish Nat. Alliance of Brooklyn v. White Eagle Hall Co., 98 A.D.2d 400, 403, 470 N.Y.S.2d 642). Contrary to the appellant's contention, her husband, the defendant Fotios Gkanios, was made a party to the instant foreclosure action. The plaintiff named Fotios Gkanios as a defendant and caused process to be served on him at the marital residence by substitute service (see, CPLR 308[4] ). Moreover, Fotios Gkanios has neither served an answer nor otherwise challenged the propriety of that service.
The appellant lacks standing to challenge whether Fotios Gkanios was properly served with process since such claim is personal in nature and may only be raised by him (see, Matter of Staiano, 160 Misc.2d 494, 497-498, 609 N.Y.S.2d 1021). Likewise, the appellant lacks standing to challenge the validity of the notice of appearance submitted on behalf of Fotios Gkanios.
To continue reading
Request your trial
-
Citimortgage, Inc. v. Etienne
...1098, 1100, 969 N.Y.S.2d 638 ; see also NYCTL 1996–1 Trust v. King, 13 A.D.3d 429, 430, 787 N.Y.S.2d 61 ; Home Sav. of Am. v. Gkanios, 233 A.D.2d 422, 423, 650 N.Y.S.2d 756 ; accord Ashkenazy Acquisition Corp. v. Rela Realty Corp., 296 A.D.2d 332, 333, 745 N.Y.S.2d 161 ; Matter of Lee v. Ma......
-
Bayview Loan Servicing, LLC v. Sulyman
...including persons holding title to the subject premises, must be made a ‘party ... to the action’ ” (Home Sav. of Am. v. Gkanios, 233 A.D.2d 422, 422, 650 N.Y.S.2d 756 [1996], quoting RPAPL 1311[1] ; see Polish Natl. Alliance of Brooklyn v. White Eagle Hall Co., 98 A.D.2d 400, 403–404, 470 ......
-
Czajka v. Koweek
...23 A.D.3d 70, 73, 800 N.Y.S.2d 474 [2005],lv. denied5 N.Y.3d 711, 804 N.Y.S.2d 35, 837 N.E.2d 734 [2005];Home Sav. of Am. v. Gkanios, 233 A.D.2d 422, 423, 650 N.Y.S.2d 756 [1996] ). Finally, as there has been no showing that the District Attorney of Greene County may be inequitably affected......
-
Wells Fargo Bank, N.A. v. Bachmann
...430, 787 N.Y.S.2d 61 ; see CPLR 5015[a][4] ; Wells Fargo Bank, N.A. v. Bowie, 89 A.D.3d 931, 932 N.Y.S.2d 702 ; Home Sav. of Am. v. Gkanios, 233 A.D.2d 422, 650 N.Y.S.2d 756 ). Furthermore, the Supreme Court properly denied that branch of Bachmann's motion which was to stay all proceedings ......