MERCALDO v. NAVARRO


50 A.D.3d 980 (2008)

857 N.Y.S.2d 595

JAMES MERCALDO, Plaintiff, v. LUCIANO A. NAVARRO, Defendant, and DEBORAH NAVARRO, Intervenor-Respondent. VINCENT LONGOBARDI et al., Nonparty Appellants.

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

Decided April 22, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the nonparty appellants' contentions, Deborah Navarro (hereinafter Navarro) was a necessary party to the foreclosure action by virtue of her cotenancy ownership interest in the property being foreclosed upon (see Capital Resources Co. v Prewitt, 266 A.D.2d 176 [1999]). The Supreme Court did not err in exercising its inherent powers of equity...

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