Legal Opinion

Dime Savings Bank v. Johneas

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

Decided April 26, 1991PublishedCited by 9 opinions

1Opinion of the Court

Judgment unanimously reversed on the law with costs, motion granted, cross motion denied and complaint reinstated. Memorandum: In this foreclosure action, plaintiff appeals from a judgment which denied its motion for summary judgment and granted *1083the cross motion of defendant Ruth Johneas for summary judgment dismissing the complaint. In dismissing the complaint, the court found that the bank had failed to name and serve a necessary party, Nicholas Johneas, as a defendant; that the bank had failed to give notice of default to the borrowers; and that the borrowers, having tendered payments that…

2Cases cited4 opinions

  1. Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Albertina Realty Co. v. Rosbro Realty Corp.New York Court of Appeals · 1932
  3. Hudson City Savings Institution v. BurtonAppellate Division of the Supreme Court of the State of New York · 1982
  4. Dime Savings Bank v. DooleyAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by9 opinions

  1. NC Venture I, L.P. v. Complete Analysis, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Central Mortgage Co. v. DavisAppellate Division of the Supreme Court of the State of New York · 2017
  3. East New York Savings Bank v. Austin Mall AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
  4. Brandt v. 47-49 Charles Street, Inc.New York Supreme Court · 1993
  5. Green Tree Servicing, LLC v. JeanAppellate Division of the Supreme Court of the State of New York · 2025

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