Tuthill Finance v. Abakporo

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Kerrigan, J.), dated June 9, 2014, which, in effect, granted the motion of the defendant Theophine Abakporo to vacate an order of the same court dated December 13, 2013, granting the plaintiff’s unopposed motion, inter alia, to amend a judgment of foreclosure and sale dated November 15, 2012, and, thereupon, to deny the plaintiff’s motion, and, sua sponte, directed the dismissal of the complaint in its entirety for failure to join a necessary party.

Ordered that, on the Court’s own…