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.