Legal Opinion
Genuth v. First Division Avenue Realty Corp.
New York Supreme Court
Decided October 6, 1976PublishedCited by 9 opinions
1Opinion of the CourtArthur S. Hirsch, J.
In this mortgage foreclosure action the tenants of the subject premises, by order to show cause, seek (1) dismissal of the complaint and (2) vacatur of the appointment of a receiver which was made by another Justice of this court in an order dated June 25, 1976.
That branch of the motion requesting dismissal of the complaint is denied. The tenants are not such indispensable parties to the maintenance of this mortgage foreclosure action that their absence mandates a dismissal pursuant to CPLR *5873211 (subd [a], par 10). (Douglas v Kohart, 196 App Div 84, 88; Robinson v Hartley, 134 Misc 703,…
2Cases cited16 opinions
- Gordon v. WashingtonSupreme Court of the United States · 1935
- Home Title Insurance v. Isaac Scherman Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Douglas v. KohartAppellate Division of the Supreme Court of the State of New York · 1921
- Scheidt v. Supreme Woodworking Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Kahn v. Riverside Syndicate, Inc.Civil Court of the City of New York · 1969
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Matter of Kennise Diversified Corp.United States Bankruptcy Court, S.D. New York · 1983
- Roslyn Savings Bank v. Comcoach Corp. (In Re Comcoach Corp.)United States Bankruptcy Court, S.D. New York · 1982
- Mercer v. 944 Marcy Ave. Holding Corp.Civil Court of the City of New York · 1977
- Gomez v. South Williamsburg Better Housing Corp.Civil Court of the City of New York · 1985
- Green Point Savings Bank v. DefourNew York Supreme Court · 1994
4 more not listed; retrieve them via the Exa API.