Lempert v. Liriano

This is a motion by Raphaele Diaz and Joan Cesco Diaz to set aside the sale in foreclosure of certain premises located at 43-08 55th Street, Woodside, New York, and for other relief. Plaintiff, Samuel Lempert, brought the action to foreclose a second mortgage held by him. Defendants Diaz, named as defendants in the foreclosure action, are judgment creditors of the mortgagor-owner of the subject premises. Plaintiff, however, did not name the owner of the third mortgage, his son Allen Lempert, as a party defendant in the action to foreclose the second mortgage. Concededly, the lien of the Diaz…