The action was properly dismissed as against defendants-respondents on the ground that it constitutes a collateral attack upon a prior judgment of foreclosure and sale. Although the evidence demonstrates that plaintiff was named and served in the foreclosure action, he defaulted and, rather than moving in that action under CPLR 5015 to vacate the resulting judgment, has impermissibly commenced a new plenary action alleging that the judgment was wrongfully obtained ( see Vinokur v. Penny Lane Owners Corp., 269 A.D.2d 226).
The motion court should, however, have granted plaintiff's cross motion to add a necessary party, Deca LLC, which may be inequitably affected by a judgment rendered in the remainder of this case against the non-moving defendants.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.