Arbor National Mortgage, Inc. v. Goldsmith
New York Supreme Court
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
- W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
- McDermott v. McDermottAppellate Division of the Supreme Court of the State of New York · 1986
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- Perkins v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1996
- Security Pacific National Trust Co. v. DusevicNew York Supreme Court · 1998