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BRANDT v. 47-49 CHARLES ST.

157 Misc.2d 299 (1993)

596 N.Y.S.2d 315

Arthur Brandt, Plaintiff, v. 47-49 Charles Street, Inc., et al., Defendants.

Supreme Court, New York County.

March 17, 1993

Attorney(s) appearing for the Case

Messinger, Kantor & Flaster, New York City (Stanley L. Kantor of counsel), for defendants. Gerald Zwirn, New York City, for plaintiff.

STANLEY L. SKLAR, J.

Is a mortgage foreclosure action subject to dismissal because the mortgagee, who is also a tenant in the mortgaged premises, has failed to name himself as a defendant pursuant to RPAPL 1311? This court declines to dismiss the action.

In this action commenced by mortgagee Arthur Brandt, M.D., defendant mortgagors, 47-49 Charles St., Inc. and Joseph Fischer, move for leave to extend...

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