Home Savings of America v. Gkanios

In an action to foreclose a mortgage, the defendant Marie Gkanios appeals, as limited by her brief, from so much of an order of the Supreme Court, Dutchess County (Jiudice, J.), entered August 3, 1995, as denied her motion to dismiss the complaint for failure to join a necessary party.

Ordered that the order is affirmed insofar as appealed from, with costs.

In an action to foreclose a mortgage, all parties having an interest, including persons holding title to the subject premises, must be made a "party defendant to the action” (RPAPL 1311 [1]; see, Polish Natl. Alliance v White Eagle Hall Co.,…