| Mercaldo v Navarro |
| 2008 NY Slip Op 03606 [50 AD3d 980] |
| April 22, 2008 |
| Appellate Division, Second Department |
| James Mercaldo, Plaintiff, v Luciano A. Navarro,Defendant, and Deborah Navarro, Intervenor-Respondent. Vincent Longobardi et al., NonpartyAppellants. |
—[*1] Caruso, Caruso & Branda, P.C., Brooklyn, N.Y. (Mark J. Caruso and Grace M. Borrino ofcounsel), for respondent.
In an action to foreclose a mortgage on the undivided one-half interest of certain realproperty owned by the defendant Luciano A. Navarro, nonparties Vincent Longobardi and YittaWeiss, the purchasers at the foreclosure sale, appeal, as limited by their brief, from so much of anorder of the Supreme Court, Kings County (Kramer, J.), dated May 11, 2007, as granted thosebranches of Deborah Navarro's motion which were for leave to intervene, in effect, to vacate thedefault judgment obtained against her ex-husband, the defendant Luciano A. Navarro, to vacatethe judgment of foreclosure and sale, revoke the public sale, and set aside the referee's deedconveying the defendant Luciano A. Navarro's interest in the property to them.
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the nonparty appellants' contentions, Deborah Navarro (hereinafter Navarro) wasa necessary party to the foreclosure action by virtue of her cotenancy ownership interest in theproperty being foreclosed upon (see Capital Resources Co. v Prewitt, 266 AD2d 176[1999]). The Supreme Court did not err in exercising its inherent powers of equity to grantNavarro leave to intervene, in effect, vacate the default judgment obtained against Navarro'sex-husband, to vacate the judgment of foreclosure and sale, revoke the public sale, and set asidethe referee's deed (see Guardian Loan Co. v Early, 47 NY2d 515, 520-521 [1979]; Alkaifi v Celestial Church of ChristCalvary Parish, 24 AD3d 476, 477 [2005]; Fleet Fin. v Gillerson, 277 AD2d 279[2000]). Skelos, J.P., Dillon, Leventhal and Chambers, JJ., concur. [See 15 Misc 3d1135(A), 2007 NY Slip Op 50981(U).]