From Casetext: Smarter Legal Research

Citigroup Glob. Mkts. Realty Corp. v. LaGreca

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 19, 2018
167 A.D.3d 842 (N.Y. App. Div. 2018)

Opinion

2016–07932 Index No. 131663/10

12-19-2018

CITIGROUP GLOBAL MARKETS REALTY CORP., Appellant, v. Charles F. LAGRECA, et al., Defendants, Claudette LaGreca, etc., Respondent.

Peter T. Roach & Associates, P.C., Syosset, N.Y. (Michael C. Manniello of counsel), for appellant. Staten Island Legal Services, Staten Island, N.Y. (Jennifer Lerman of counsel), for respondent.


Peter T. Roach & Associates, P.C., Syosset, N.Y. (Michael C. Manniello of counsel), for appellant.

Staten Island Legal Services, Staten Island, N.Y. (Jennifer Lerman of counsel), for respondent.

MARK C. DILLON, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, BETSY BARROS, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Richmond County (Judith N. McMahon, J.), dated May 2, 2016. The order denied the plaintiff's motion for an order of reference and to amend the caption, and granted that branch of the cross motion of the defendant Claudette LaGreca, sued herein as John Doe # 1, which was to dismiss the complaint on the ground that the action was a legal nullity due to the death of the defendant Charles F. LaGreca.

ORDERED that the order is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage against, among others, Charles F. LaGreca, the sole borrower, seeking a judicial sale of the property and a deficiency judgment against him. Since it is undisputed that Charles F. LaGreca died prior to commencement of the action, under the circumstances, the Supreme Court properly directed dismissal of the complaint on the ground that the action was a legal nullity (compare Wendover Fin. Servs. v. Ridgeway, 93 A.D.3d 1156, 940 N.Y.S.2d 391 and Dime Sav. Bank of N.Y. v. Luna, 302 A.D.2d 558, 755 N.Y.S.2d 300, with HSBC Bank USA v. Ungar Family Realty Corp., 111 A.D.3d 673, 974 N.Y.S.2d 583 ; see also U.S. Bank N.A. v. Cadeumag, 147 A.D.3d 881, 47 N.Y.S.3d 358 ; JPMorgan Chase Bank, N.A. v. Rosemberg, 90 A.D.3d 713, 714, 934 N.Y.S.2d 346 ).

DILLON, J.P., CHAMBERS, MALTESE and BARROS, JJ., concur.


Summaries of

Citigroup Glob. Mkts. Realty Corp. v. LaGreca

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 19, 2018
167 A.D.3d 842 (N.Y. App. Div. 2018)
Case details for

Citigroup Glob. Mkts. Realty Corp. v. LaGreca

Case Details

Full title:Citigroup Global Markets Realty Corp., appellant, v. Charles F. LaGreca…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 19, 2018

Citations

167 A.D.3d 842 (N.Y. App. Div. 2018)
167 A.D.3d 842
2018 N.Y. Slip Op. 8627

Citing Cases

U.S. Bank v. Stewart

Greenpoint served but did not substitute the executor of decedent's estate as a party in the 2008 action (see…

Lucchese v. Yi Chan Lin

The CPLR presupposes that the action was commenced by a living person against a living defendant (Matter of…