BALT v. J.S. FUNDING CORP.


230 A.D.2d 699 (1996)

646 N.Y.S.2d 50

Roger Balt et al., Appellants, v. J.S. Funding Corp. et al., Respondents

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

August 5, 1996


Ordered that the order is affirmed, with costs.

A tenant is not an indispensable party to a foreclosure action, and the failure to name a tenant does not render the judgment of foreclosure and sale defective (see, 1 Bergman, New York Mortgage Foreclosures § 12.03 [1]; see also, Genuth v First Div. Ave. Realty Corp., 88 Misc.2d 586). Accordingly, there is no merit to the plaintiffs' challenge to the...

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