BANK OF N Y v. MIDLAND DEV CO, N.Y. Misc., Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

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Advocates

Robert G. Cucinell, White Plains, for plaintiff. Jeffrey D. Grant Associates, Mamaroneck, for Midland Avenue Development Co. and others, defendants and third-party plaintiffs. Keane Beane, P.C., White Plains, for estate of William F. Cassin, defendant. James A. Cartelli, White Plains, for Ronald K. Freeman, defendant. William A. Sullivan, Rye, for John B. Meikle, defendant. Milton Berner, Rye, for Alfred F. Ash, defendant. McCullough, Goldberger Staudt, White Plains, for Darcy G. Gibson, defendant. Kelly Kmetz, White Plains, for Martin Mannion, defendant. Robert A. Levey, East Syracuse, for Paul Freeman, defendant. David A. Zarrett, Great Neck, for Richard Freeman, defendant. Miller Bush, Bronx, for Local 32E Service Employees International Union, defendant. Dennis C. Vacco, Attorney-General, New York City, for New York State Tax Commission and another, defendants. Voute, Lohrfink Collins, White Plains, for Cassin, Cassin Joseph, third-party defendant.

Judges

JAMES R. COWHEY, J.

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BANK OF NEW YORK, as Successor to SCARSDALE NATIONAL BANK AND TRUST COMPANY, Plaintiff, v. MIDLAND AVENUE DEVELOPMENT CO., Also Known as MIDLAND AVENUE DEVELOPMENT COMPANY, et al., Defendants JOSEPH BARBER et al., Indi

JAMES R. COWHEY, J.

Motion by plaintiff to serve a second amended complaint.

This motion is disposed of as follows: Since this foreclosure action has been rendered moot by the judgment rendered on May 2, 1996 (Rudolph, J.) for the City of Rye in its tax foreclosure action of the same property, plaintiff's application to convert this foreclosure action into an action at law to recover on the note by amending the foreclosure complaint and filing a second amended complaint is denied as plaintiff's sole recourse is to commence a separate action on the note (European Am. Bank v Perspective Dev. Corp., 220 A.D.2d 717; RPAPL 1301). Since the alleged default occurred in January 1990, said action would be barred by the six-year Statute of Limitations.

The cross motion was not considered because it was not served pursuant to CPLR 2215. Opposition papers filed on or before the return date were considered by the court (W.I.L.D. W.A.T.E.R.S. v. Martinez, 148 A.D.2d 847; CPLR 2214).

BANK OF N Y v. MIDLAND DEV CO

BANK OF NEW YORK, as Successor to SCARSDALE NATIONAL BANK AND TRUST COMPANY, Plaintiff, v. MIDLAND AVENUE DEVELOPMENT CO., Also Known as MIDLAND AVENUE DEVELOPMENT COMPANY, et al., Defendants JOSEPH BARBER et al., Indi

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