517-525 W. 45 LLC v. AVRAHAMI

Index No. 850357/15. Appeal No. 15177-15174A. Case No. 2019-5801.

202 A.D.3d 611 (2022)

164 N.Y.S.3d 102

2022 NY Slip Op 01230

517-525 W. 45 LLC, Respondent, v. Shimon Avrahami, Appellant.

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

Decided February 24, 2022.


Attorney(s) appearing for the Case

Sweeney, Reich & Bolz, LLP, Lake Success ( Rashel M. Mehlman of counsel), for appellant.

Wenig Saltiel LLP, Brooklyn ( Dan M. Blumenthal of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.


Plaintiff was the purchaser of a Manhattan property sold at a foreclosure sale held on July 9, 2014. Defendant held a junior mortgage on the property, but was mistakenly not named in the foreclosure action, which had been commenced in October 2009. When a necessary party is omitted from a foreclosure action, "that party's rights [are] unaffected by the judgment and sale, and the foreclosure sale may be considered void as to the omitted party" (6820 Ridge Realty v Goldman...

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