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Jacob Valeria Langeloth v. Dickerson Pond

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1989
149 A.D.2d 408 (N.Y. App. Div. 1989)

Opinion

April 3, 1989

Appeal from the Supreme Court, Westchester County (Gurahian, J.).


Ordered that the appeal is dismissed, without costs or disbursements.

The defendant Dickerson Pond Associates has submitted documentary evidence which establishes that, prior to bringing the instant motion to enforce a judgment of foreclosure, the appellant Sackman Mortgage Corporation had assigned all of its rights and title to the judgment. Since the appellant had no interest in the judgment at the time the order was issued or during the statutory period for filing a notice of appeal, it was not an "aggrieved party" within the purview of CPLR 5511 and lacked standing to appeal (see, Prudential Sav. Bank v. Panchar Realty Corp., 72 A.D.2d 792). The fact that the judgment was once again assigned to the appellant during the pendency of this appeal does not serve to confer jurisdiction nunc pro tunc on this court (cf., Auerbach v. Bennett, 47 N.Y.2d 619, 629). Mangano, J.P., Kooper, Sullivan and Harwood, JJ., concur.


Summaries of

Jacob Valeria Langeloth v. Dickerson Pond

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1989
149 A.D.2d 408 (N.Y. App. Div. 1989)
Case details for

Jacob Valeria Langeloth v. Dickerson Pond

Case Details

Full title:JACOB AND VALERIA LANGELOTH FOUNDATION, Plaintiff, v. DICKERSON POND…

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

Date published: Apr 3, 1989

Citations

149 A.D.2d 408 (N.Y. App. Div. 1989)
540 N.Y.S.2d 17

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