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Central Fed. v. 405 W. 45th St., Inc.

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1997
242 A.D.2d 512 (N.Y. App. Div. 1997)

Opinion

September 30, 1997

Appeal from Supreme Court, New York County (Karla Moskowitz, J.).


Since defendant does not challenge the substantive validity of the assignment of the subject mortgage to Chatsworth Assets, and since an assignee of a mortgage can continue an action in the name of the original mortgagee, even in the absence of a formal substitution (CPLR 1018), there is no merit to defendant's claim that the action should be dismissed on the ground that the named plaintiff "owns no rights in this matter". Nor is there merit to defendant's claim that Chatsworth Assets has been guilty of delay and bad faith warranting no further extensions of the notice of pendency.

Concur — Milonas, J.P., Nardelli, Rubin, Mazzarelli and Andrias, JJ.


Summaries of

Central Fed. v. 405 W. 45th St., Inc.

Appellate Division of the Supreme Court of New York, First Department
Sep 30, 1997
242 A.D.2d 512 (N.Y. App. Div. 1997)
Case details for

Central Fed. v. 405 W. 45th St., Inc.

Case Details

Full title:CENTRAL FEDERAL SAVINGS, F.S.B., Respondent, v. 405 W. 45TH ST., INC.…

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

Date published: Sep 30, 1997

Citations

242 A.D.2d 512 (N.Y. App. Div. 1997)
662 N.Y.S.2d 489

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