MERCALDO v. NAVARRO

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

Contrary to the nonparty appellants' contentions, Deborah Navarro (hereinafter Navarro) was a necessary party to the foreclosure action by virtue of her cotenancy ownership interest in the property being foreclosed upon ( see Capital Resources Co. v Prewitt, 266 AD2d 176). The Supreme Court did not err in exercising its inherent powers of equity to grant Navarro leave to intervene, in effect, vacate the default judgment obtained against Navarro's ex-husband, to vacate the judgment of foreclosure and sale, revoke the public sale, and set aside the referee's deed ( see Guardian Loan Co. v Early, 47 NY2d 515, 520-521; Alkaifi v Celestial Church of Christ Calvary Parish, 24 AD3d 476, 477; Fleet Fin. v Gillerson, 277 AD2d 279).

[ See 15 Misc 3d 1135(A), 2007 NY Slip Op 50981(U).]