Appellate Division of the Supreme Court of New York, 2002

NYCTL 1996-1 Trust v. Guthartz

Appellate Division of the Supreme Court of New York · Decided April 1, 2002

293 A.D.2d 455; 739 N.Y.S.2d 646; 2002 N.Y. App. Div. LEXIS 3332

Cases that cite this one

1 later published case cites this decision.

71-21 Loubet, LLC v. Bank of Am., N.A. (Appellate Division of the Supreme Court of New York 2022)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In a *456strict foreclosure action pursuant to article 15 of the RPAPL, the defendant Alan Guthartz appeals from an order of the Supreme Court, Queens County (Kassoff, J.), dated September 11, 2000, which, inter alia, granted the plaintiffs’ motion for summary judgment.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, the plaintiffs were entitled to commence a strict foreclosure action against him even though they failed to join him as a defendant in the original foreclosure action (see 6820 Ridge Realty v Goldman, 263 AD2d 22). Further, the plaintiffs had standing to commence the action. Ritter, J.P., Smith, Friedmann and Cozier, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.