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KATZ v. EAST-VILLE REALTY CO.

249 A.D.2d 243 (1998)

672 N.Y.S.2d 308

Harry Katz, Appellant, v. East-Ville Realty Co., Respondent

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

April 30, 1998

Plaintiff's attempt to foreclose upon a mortgage in which he had no legal or equitable interest was without foundation in law or fact, and the IAS Court's dismissal of the foreclosure action pursuant to CPLR 3211 (a) (1) was, accordingly, appropriate (see, Kluge v Fugazy, 145 A.D.2d 537). Dismissal was also warranted by reason of plaintiff's failure to join the party to whom he assigned the mortgage and who, he concedes, possesses...

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