CITIGROUP GLOBAL MARKETS REALTY CORP. v. LaGRECA

2016-07932. Index No. 131663/10.

167 A.D.3d 842 (2018)

88 N.Y.S.3d 347

2018 NY Slip Op 08627

Citigroup Global Markets Realty Corp., Appellant, v. Charles F. LaGreca et al., Defendants, and Claudette LaGreca, Respondent.

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

Decided December 19, 2018.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage against, among others, Charles F. LaGreca, the sole borrower, seeking a judicial sale of the property and a deficiency judgment against him. Since it is undisputed that Charles F. LaGreca died prior to commencement of the action, under the circumstances, the Supreme Court properly directed dismissal of the complaint on the ground that the action was a legal...

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