AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

CONTIMORTGAGE CORPORATION, Respondent, v. RENEE GARRETT, Also Known as RENEE C. GARRETT, Respondent, et al., Defendants. ALI AHMED ALGAZLI et al., Nonparty Appellants.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the appellants' motion for specific performance, as, inter alia, personal service was not effected upon the defendant Renee Garrett, also known as Renee C. Garrett, in the manner directed by the court within the time imposed by the court in the order to show cause ( see Jubilee, Inc. v Haslacha, Inc., 270 AD2d 34). In any event, the court had properly stayed the transfer of the deed without prejudice to Garrett's right of redemption on the ground that Garrett, as mortgagor, had not received notice of the foreclosure sale ( see Alkaifi v Celestial Church of Christ Calvary Parish, 24 AD3d 476, 477).

The appellants had no standing to enforce a so-ordered stipulation between the plaintiff and Garrett since they were not parties to the stipulation and cannot be considered third-party beneficiaries of the stipulation ( see generally Trustco Bank N.Y. v S/N Precision Enters., 234 AD2d 665).

Use AI to get other relevant cases.

Comments

CORPORATION v. GARRETT
(Sep 26, 2006)