Legal Opinion

Dime Savings Bank of New York FSB v. Luna

Appellate Division of the Supreme Court of the State of New York

Decided February 24, 2003PublishedCited by 9 opinions

1Opinion of the Court

In an action to foreclose a mortgage, the defendant Nathen Goldstein, Inc., appeals from an order of the Supreme Court, Kings County (Bárbaro, J.), dated March 15, 2002, which, inter alia, granted the motion of the nonparty respondent, Public Administrator of Kings County, as Administrator of the Estate of Silvia Luna, to vacate a judgment of foreclosure and sale, entered upon a default in answering, and to void the referee’s deed to the subject property.

Ordered that the order is affirmed, with costs.

“[A] plaintiff is unable to commence an action during the period between the death of a…

2Cases cited3 opinions

  1. Laurenti v. TeatomAppellate Division of the Supreme Court of the State of New York · 1994
  2. 100 West 72nd Street Associates v. MurphyCivil Court of the City of New York · 1989
  3. Weldon v. Long Island College HospitalNew York Supreme Court · 1988

3Cited by9 opinions

  1. Jordan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
  2. U.S. Bank Trust, N.A. v. GedeonAppellate Division of the Supreme Court of the State of New York · 2020
  3. Hollowell v. DecaroAppellate Division of the Supreme Court of the State of New York · 2014
  4. Citigroup Global Mkts. Realty Corp. v. LaGrecaAppellate Division of the Supreme Court of the State of New York · 2018
  5. Deutsche Bank Natl. Trust Co. v. FadenAppellate Division of the Supreme Court of the State of New York · 2019

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