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6820 RIDGE REALTY v. GOLDMAN

263 A.D.2d 22 (1999)

701 N.Y.S.2d 69

6820 RIDGE REALTY, L. L. C., et al., Appellants, v. STEVEN GOLDMAN et al., Defendants, and STEPHEN BAUMGARTEN et al., Respondents.

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

November 22, 1999.

Attorney(s) appearing for the Case

Zeichner Ellman & Krause, New York City (Nathan Schwed of counsel), for appellants.

Borah, Goldstein, Altschuler & Schwartz, P. C., New York City (Jeffrey R. Metz and Steven L. Schultz of counsel), for respondents.

RITTER, J. P., FLORIO and FEUERSTEIN, JJ., concur.

OPINION OF THE COURT

KRAUSMAN, J.

The primary issue we are asked to determine is whether the owners of an apartment building purchased at a foreclosure sale may maintain an action for strict foreclosure pursuant to RPAPL 1352 to cut off the leasehold rights of commercial tenants who were not joined as defendants in the original foreclosure suit. For the reasons which follow, we conclude that an action for strict foreclosure may be maintained to extinguish...

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