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RAKOSI v. DANIEL PERLA ASSOCIATES, L.P.

3 A.D.3d 431 (2004)

772 N.Y.S.2d 648

MICHAEL RAKOSI, Appellant, v. DANIEL PERLA ASSOCIATES, L.P., et al., Respondents, et al., Defendants.

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

January 22, 2004.

The action was properly dismissed as against defendants-respondents on the ground that it constitutes a collateral attack upon a prior judgment of foreclosure and sale. Although the evidence demonstrates that plaintiff was named and served in the foreclosure action, he defaulted and, rather than moving in that action under CPLR 5015 to vacate the resulting judgment, has impermissibly commenced a new plenary action alleging that the...

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