Opinion
2000-10840
Argued February 26, 2002.
April 1, 2002.
In a strict foreclosure action pursuant to article 15 of the RPAPL, the defendant Alan Guthartz appeals from an order of the Supreme Court, Queens County (Kassoff, J.), dated September 11, 2000, which, inter alia, granted the plaintiffs' motion for summary judgment.
Paula Schwartz Frome, Garden City, N.Y., for appellant.
Certilman Balin Adler Hyman, LLP, East Meadow, N.Y. (Bruce J. Bergman and Susan L. McWalters of counsel), for respondents.
Ginsburg Misk, Queens Village, N.Y. (Hal R. Ginsburg of counsel), for non-party Yeshiva HorTorah.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
Contrary to the appellant's contention, the plaintiffs were entitled to commence a strict foreclosure action against him even though they failed to join him as a defendant in the original foreclosure action (see 6820 Ridge Realty v. Goldman, 263 A.D.2d 22). Further, the plaintiffs had standing to commence the action.
RITTER, J.P., SMITH, FRIEDMANN and COZIER, JJ., concur.