Clinton Capital Corp. v. One Tiffany Place Developers, Inc.

In an action to foreclose a mortgage, the appeal is from so much of an order of the Supreme Court, Kings County (Shaw, J.), dated November 9, 1984, as denied a motion to stay the actions of a receiver theretofore appointed, and to vacate his appointment.

Order affirmed, insofar as appealed from, with costs.

Since any lien upon the mortgaged premises held by the defendant City of New York would be affected by a judgment in the instant foreclosure action, said defendant was a proper party thereto and service upon the city was, therefore, sufficient to commence the action (Wolf v 120 Middleton…