Rakosi v. Daniel Perla Associates

Order, Supreme Court, New York County (Louis York, J.), entered on or about October 23, 2002, which granted defendants-respondents’ motions to dismiss the complaint as against them and denied plaintiffs cross motion to amend the complaint to add a necessary party, unanimously modified, on the law, to grant plaintiffs cross motion, and otherwise affirmed, without costs.

The action was properly dismissed as against defendants-respondents on the ground that it constitutes a collateral attack upon a prior judgment of foreclosure and sale. Although the evidence demonstrates that plaintiff was named…