Holm v. Goodley Holding Corp.

The plaintiff has instituted an action to foreclose a junior participating interest in a first mortgage covering real estate. The defendant owner of the fee makes this motion for an order directing the plaintiff to serve an amended complaint bringing in the plaintiff’s assignor and present holder of the senior participating interest in the first mortgage on the ground, inter alia, that it is a necessary party to the action.

The determination • of this motion involves a construction of section 1079-a of the Civil Practice Act.

Prior to this enactment, a suit by a junior participating owner was…