Opinion
August 4, 1986
Appeal from the Supreme Court, Nassau County (Molloy, J.).
Order affirmed, with costs.
We agree with Special Term that Republic Insurance Company (hereinafter Republic) has no standing, pursuant to CPLR 5015, to challenge the entry of the deficiency judgment entered in this mortgage foreclosure action. Republic is not an "interested person" (see, CPLR 5015) merely because, as a result of the deficiency judgment, it may be liable (under a fire insurance policy issued by it to the defendant Serge Behrmann), to the plaintiff as mortgagee of the subject premises and as an additional insured. Moreover, Republic was neither a "necessary party" pursuant to CPLR 1001, nor a "permissive party" pursuant to CPLR 1002, with respect to this mortgage foreclosure action (cf. Happell v Genoese, 35 Misc.2d 939; Chapman v Forbes, 123 N.Y. 532). Weinstein, J.P., Niehoff, Lawrence and Eiber, JJ., concur.