CITIBANK, N.A. v. PARK 100 CONDOMINIUM BOARD OF MANAGERS


292 A.D.2d 269 (2002)

738 N.Y.S.2d 849

CITIBANK, N.A., Respondent, v. PARK 100 CONDOMINIUM BOARD OF MANAGERS, Appellant, et al., Defendants.

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

Decided March 21, 2002.


A judgment of foreclosure and sale in favor of the bank was challenged by the condominium for lack of jurisdiction over it. The IAS court directed a traverse before a special referee, whereupon the bank moved for permission to discontinue as against the condominium. That motion was granted without prejudice to the bank's recommencing the action as against the condominium, and the condominium did not appeal. Accordingly, the prior judgment of foreclosure and sale remains in...

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