Opinion
June 6, 1994
Appeal from the Supreme Court, Nassau County (Roncallo, J.).
Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the award of $2,500 is vacated.
The pro se defendants-respondents were tenants of the property that became the subject of the instant foreclosure action. The plaintiff was therefore obliged to join them as necessary parties in order to cut off their interest in the mortgaged premises (see, RPAPL 1311; Polish Natl. Alliance v. White Eagle Hall Co., 98 A.D.2d 400, 404; Flushing Sav. Bank v CCN Realty Corp., 73 A.D.2d 945; Empire Sav. Bank v. Towers Co., 54 A.D.2d 574). When they failed to answer the complaint, which had been personally served upon them, the plaintiff entered a default judgment against them. This judgment was subsequently vacated, after it was learned that they had moved out of their apartment on the premises. The award of $2,500 to them was therefore error. Copertino, J.P., Santucci, Friedmann and Goldstein, JJ., concur.