Garan v. People

Order, Supreme Court, Bronx County (Alan Saks, J.), entered on or about December 19, 1997, which, in an action to foreclose a mortgage, inter alia, ruled that plaintiffs’ mortgage was not extinguished by a previous mortgage foreclosure and sale by defendant-appellant prior mortgagee, and denied the motion of the prior mortgagee and its nominee for summary judgment and cancellation of a notice of pendency, unanimously affirmed, without costs.

We agree with the IAS Court that inquiry is appropriate into whether the nominally separate entity that took title to the property by way of a deed in…