MATTER OF GRASSO


168 A.D.2d 713 (1990)

In the Matter of the Mortgages of John Grasso. Trans-American Management Corporation, Respondent; William Ciembroniewicz, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 6, 1990


Supreme Court did not err when, upon reargument, it adhered to its original decision denying respondent's motion to dismiss for failure to timely serve respondent personally with the petition. Pursuant to statute, Supreme Court, upon presentation of a petition to discharge an ancient mortgage, must order all interested persons to appear, and such order "shall be published in such newspaper * * * as the court shall direct" (RPAPL 1931 [4] [emphasis supplied]). While...

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