Greenpoint Bank v. John

Full title: GREENPOINT BANK, Respondent, v. HORACE JOHN et al., Defendants, and CRUZ…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 28, 1998

256 A.D.2d 548 (N.Y. App. Div. 1998)

682 N.Y.S.2d 438

Opinion

December 28, 1998

Appeal from the Supreme Court, Kings County (I. Aronin, J.).

Ordered that the order is affirmed insofar as appealed from, with costs to the respondent payable by the appellants.

The Supreme Court correctly determined that a mortgagee not in possession of real property is not an owner for purposes of the Multiple Dwelling Law ( see, Multiple Dwelling Law § 4 Mult. Dwell. [44]; McKinney's Cons Laws of N.Y., Book 1, Statutes §§ 74, 240; Fitzgerald v. 667 Hotel Corp., 103 Misc.2d 80). Moreover, the record does not support a finding that the plaintiff was in direct or indirect control of the property under Multiple Dwelling Law § 4 Mult. Dwell. (44) so as to trigger an obligation to make repairs pursuant to Multiple Dwelling Law § 78 Mult. Dwell..

Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.