GARAN v. PEOPLE


259 A.D.2d 313 (1999)

686 N.Y.S.2d 419

GARY GARAN et al., Respondents, v. THE PEOPLE OF THE STATE OF NEW YORK et al., Defendants, and STERLING COMMERCIAL CAPITAL, INC., et al., Appellants.

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

Decided March 11, 1999.


We agree with the IAS Court that inquiry is appropriate into whether the nominally separate entity that took title to the property by way of a deed in lieu of foreclosure during the pendency of appellant's foreclosure action was truly separate or an alter ego of appellant created to defeat the rights of a subordinate lienor, and, if the latter, that equity should intervene to protect the subordinate lienor by declaring a merger of appellant's mortgage with the fee (see...

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