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CENT. FED. SAV. v. 405 W. 45TH ST., INC.

242 A.D.2d 512 (1997)

662 N.Y.S.2d 489

Central Federal Savings, F.S.B., Respondent, v. 405 W. 45th St., Inc., Appellant, et al., Defendants. Chatsworth Assets, Inc., Nonparty Respondent

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

September 30, 1997

Since defendant does not challenge the substantive validity of the assignment of the subject mortgage to Chatsworth Assets, and since an assignee of a mortgage can continue an action in the name of the original mortgagee, even in the absence of a formal substitution (CPLR 1018), there is no merit to defendant's claim that the action should be dismissed on the ground that the named plaintiff "owns no rights in this matter". Nor is there merit to defendant's claim that Chatsworth...

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