Rakosi v. Daniel Perla Associates, L.P.

• Court: New York Supreme Court — Appellate Division
• Citation: Rakosi v. Daniel Perla Associates, L.P., 3 A.D.3d 431, 772 N.Y.S.2d 648, 2004 NY Slip Op 331 (N.Y. App. Div. 2004)
• Decision Date: 22 January 2004
• Docket Number: 2727
• Parties: MICHAEL RAKOSI, Appellant, v. DANIEL PERLA ASSOCIATES, L.P., et al., Respondents, et al., Defendants.

3 A.D.3d 431

772 N.Y.S.2d 648

2004 NY Slip Op 00331

MICHAEL RAKOSI, Appellant, v. DANIEL PERLA ASSOCIATES, L.P., et al., Respondents, et al., Defendants.

2727

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

January 22, 2004.

Order, Supreme Court, New York County (Louis York, J.), entered on or about October 23, 2002, which granted defendants-respondents' motions to dismiss the complaint as against them and denied plaintiff's cross motion to amend the complaint to add a necessary party, unanimously modified, on the law, to grant plaintiff's cross motion, and otherwise affirmed, without costs.

The action was properly dismissed as against defendants-respondents on the ground that it constitutes a collateral attack upon a prior judgment of foreclosure and sale. Although the evidence demonstrates that plaintiff was named and served in the foreclosure action, he defaulted and, rather than moving in that action under CPLR...