Legal Opinion

Arbor National Mortgage, Inc. v. Goldsmith

New York Supreme Court

Decided June 3, 1992PublishedCited by 5 opinions

1Opinion of the Court

*854OPINION OF THE COURT

Bernard F. McCaffrey, J.

The plaintiff and proposed intervenor, Kathy Goldsmith, in a pending matrimonial matter, seeks to intervene in this foreclosure action and consolidate the foreclosure action with her pending matrimonial matter.

The initial issue to be determined is whether a nontitled spouse is a necessary named defendant in a foreclosure action against the marital premises.

It is not disputed that plaintiff in the foreclosure action Arbor National Mortgage, Inc. (Arbor) loaned the sum of $500,000 to Harvey Goldsmith by check paid personally to him and that he has…

2Cases cited2 opinions

  1. W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
  2. McDermott v. McDermottAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by5 opinions

  1. State Street Bank & Trust Co. v. CalandroAppellate Division of the Supreme Court of the State of New York · 1997
  2. Norwest Bank Minnesota v. Pittman-HudsonAppellate Division of the Supreme Court of the State of New York · 2005
  3. JP Morgan Chase Bank, N.A. v. Phillips-OsujiAppellate Division of the Supreme Court of the State of New York · 2014
  4. Perkins v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1996
  5. Security Pacific National Trust Co. v. DusevicNew York Supreme Court · 1998

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