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MATTER OF CIT BANK, N.A. v. GOULD

Index No. 380414/10. Appeal No. 13038. Case No. 2020-03249.

191 A.D.3d 424 (2021)

137 N.Y.S.3d 708

2021 NY Slip Op 00620

In the Matter of CIT Bank, N.A., Formally Known as Onewest Bank, N.A., Respondent, v. Bonnie Gould, Public Administrator for the Estate of Floree Bilotti, Also Known as Floree Bresnihan, et al., Defendants. Norma Bresnihan Smith, Appellant, v. George G. Bresnihan et al., Defendants.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Shiryak Bowman Anderson Gill & Kadochnikov LLP, Kew Gardens ( Andreas E. Christou of counsel), for appellant.

Bryan Cave Leighton Paisner LLP, New York ( Elizabeth Goldberg , of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Shulman, JJ.

While the action was a nullity as to the deceased mortgagor (see Rocha v Figueiredo, 50 A.D.3d 876, 877 [2d Dept 2008]), it was properly commenced against defendant Norma Bresnihan Smith, as a Jane Doe defendant, described in the complaint as having an interest in the subject property, who is an heir and distributee of the decedent (see U.S. Bank Trust, N.A. v Gedeon, 181 A.D.3d 745 [2d...

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