Opinion
June 8, 1993
Appeal from the Supreme Court, New York County (Eugene L. Nardelli, J.).
In 1989, plaintiff commenced an action to foreclose a mortgage, which it held on 101 West 140th Street, New York County (premises), against 585 Lenox Avenue Associates (Associates) and related entities, based upon Associates' default on mortgage payments. When that foreclosure action was commenced, defendants were month-to-month tenants in those premises.
Thereafter, the IAS Court issued a judgment of foreclosure and sale, and, subsequently, by Referee's deed, the premises were sold to Kromo Lenox Associates, which is not a party herein. Kromo then moved to evict defendants. In any event there is no requirement that defendants be served with a Notice of Pendency, summons and complaint.
Concur — Milonas, J.P., Ellerin, Ross, Asch and Kassal, JJ.