Opinion
April 6, 1998
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the order is affirmed, with costs.
The appellant is a tenant in a building which was foreclosed upon by the plaintiff. The appellant seeks, inter alia, to have the judgment of foreclosure and sale vacated on the ground that the plaintiff failed to serve him with the complaint in the foreclosure action. However, the plaintiff's failure to serve the appellant does not nullify the judgment of foreclosure and sale (see, Nationwide Assocs. v. Brunne, 216 A.D.2d 547; 585 A.P. Lenox Assocs. v. V.O.C. Check Cashing Co., 194 A.D.2d 380; In re Comcoach Corp., 698 F.2d 571; Markantonis v. Madlan Realty Corp., 262 N.Y. 354).
The appellant's remaining contention is without merit (see, RPAPL 231).
Rosenblatt, J.P., Ritter, Sullivan and Goldstein, JJ., concur.