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Flushing Savings Bank v. CCN Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1981
82 A.D.2d 907 (N.Y. App. Div. 1981)

Summary

In Flushing Savings Bank v CCN Realty Corp. (82 AD2d 907, 908 [2nd Dept 1981]), the court held that the occupants of a proprietary home had the same status as tenants with leases.

Summary of this case from Alexander Condo. v. AB Funding Corp.

Opinion

June 29, 1981


In an action to foreclose a mortgage on real property, plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Beisheim, J.), entered January 26, 1981, as, upon granting the cross motion of defendants-respondents, directed service of the summons and complaint, in effect, upon all persons who had become occupants of the Lockwood Manor Adult Proprietary Home after the filing of the notice of pendency of action and after all the persons who were occupants on March 4, 1980 were served on that date pursuant to court order. Order reversed insofar as appealed from, on the law, without costs or disbursements, and cross motion denied. The occupants of a proprietary home have the same right "As tenants whose leaseholds are subordinate to the mortgage of plaintiff" (Flushing Sav. Bank v CCN Realty Corp., 73 A.D.2d 945). As such, a person who becomes an occupant thereof after the proper filing of lis pendens in an action to foreclose a mortgage on the premises is "bound by all proceedings taken in the action * * * to the same extent as if he were a party" (see CPLR 6501). Titone, J.P., Rabin, Margett and Weinstein, JJ., concur.


Summaries of

Flushing Savings Bank v. CCN Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 29, 1981
82 A.D.2d 907 (N.Y. App. Div. 1981)

In Flushing Savings Bank v CCN Realty Corp. (82 AD2d 907, 908 [2nd Dept 1981]), the court held that the occupants of a proprietary home had the same status as tenants with leases.

Summary of this case from Alexander Condo. v. AB Funding Corp.

In Flushing Savings Bank v CCN Realty Corp. (82 AD2d 907, 908 [2nd Dept 1981]), the court held that the occupants of a proprietary home had the same status as tenants with leases.

Summary of this case from Alexander Condo. v. AB Funding Corp.

In Flushing Savings Bank v. CCN Realty Corp. (82 A.D.2d 907, 908 [2nd Dept 1981]), the court held that the occupants of a proprietary home had the same status as tenants with leases.

Summary of this case from Alexander Condo. v. Ab Funding Corp.
Case details for

Flushing Savings Bank v. CCN Realty Corp.

Case Details

Full title:FLUSHING SAVINGS BANK, Appellant, v. CCN REALTY CORP. et al., Defendants…

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

Date published: Jun 29, 1981

Citations

82 A.D.2d 907 (N.Y. App. Div. 1981)

Citing Cases

Alexander Condo. v. AB Funding Corp.

In Empire Sav. Bank v Towers Co. (54 AD2d 574, 575 [2d Dept 1976]), a handyman occupied an apartment in the…

Alexander Condo. v. AB Funding Corp.

In Empire Sav. Bank v Towers Co. (54 AD2d 574, 575 [2d Dept 1976]), a handyman occupied an apartment in the…