Slutsky v. Blooming Grove Inn, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Harwood, J.
We are called upon by the appeal from the final judgment herein to determine, among other things, whether a vacatur of a notice of pendency because of the invalidity of *210the underlying service of process (see, Dashew v Cantor, 85 AD2d 619) would preclude entry of a judgment in the plaintiff's favor in an action to foreclose a mortgage where such invalidity was subsequently "cured”. While we conclude that it does, we also hold that, for purposes of establishing a foreclosure cause of action pursuant to RPAPL article 13, a plaintiff may file successive notices of…
2Cases cited15 opinions
- In re AhoNew York Court of Appeals · 1976
- 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Allen v. . BrownNew York Court of Appeals · 1870
- Merritt v. . BartholickNew York Court of Appeals · 1867
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3Cited by55 opinions
- U.S. Bank, N.A. v. CollymoreAppellate Division of the Supreme Court of the State of New York · 2009
- In Re the Estate of SakowNew York Court of Appeals · 2002
- Mortgage Electronic Registration System, Inc. v. CoakleyAppellate Division of the Supreme Court of the State of New York · 2007
- HSBC Bank USA v. RoumiantsevaAppellate Division of the Supreme Court of the State of New York · 2015
- U.S. Bank N.A. v. MoultonAppellate Division of the Supreme Court of the State of New York · 2020
50 more not listed; retrieve them via the Exa API.