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NEW YORK & SUBURBAN FEDERAL SAVINGS AND LOAN ASSOCIATION v. JOHN DI NAPOLI ET AL. (01/13/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


January 13, 1969

NEW YORK & SUBURBAN FEDERAL SAVINGS AND LOAN ASSOCIATION, RESPONDENT,
v.
JOHN DI NAPOLI ET AL., APPELLANTS

Appeal from an order of the Supreme Court, Westchester County, dated February 8, 1968, which, upon motion to vacate the default judgment of foreclosure herein and the foreclosure sale, conditionally granted plaintiff leave to proceed with the action. Appeal dismissed insofar as it was purportedly taken by defendant Harold Monahan, without costs.

Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

Harold Monahan died before this action was commenced. (Cf. Chimenti v. Hertz Corp., 25 A.D.2d 562.) The interest of the Monahans in the subject realty had been vested in defendant Filomena Monahan at the time the action was brought.

Disposition

 Order affirmed as to the other appellants, without costs.

19690113

© 1998 VersusLaw Inc.



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