Pessin v. Baumann

Order, Supreme Court, Bronx County (Irma Vidal Santaella, J.), entered July 16, 1985, which, inter alia, denied defendant Sanders’ *355motion pursuant to RPAPL 1341 to dismiss the complaint, unanimously reversed, on the law, to the extent appealed from, the motion to dismiss granted, and the complaint dismissed with costs and disbursements.

Plaintiff instituted this foreclosure action against defendants Maria and Gerald Baumann, who had executed the purchase-money mortgage which is the subject of the foreclosure. The Baumanns, subsequent to the commencement of the action, conveyed the subject…