EAST RIVER MORTGAGE CORP. v. ONEWEST BANK, N.A.

9314, 112574/11.

172 A.D.3d 515 (2019)

101 N.Y.S.3d 21

2019 NY Slip Op 03742

East River Mortgage Corp., Appellant, v. OneWest Bank, N.A., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 14, 2019.


This action was commenced to quiet title to a condominium unit. CIT moved for permission to intervene on the ground that it was the holder of the note underlying the mortgage on the unit. Following its filing of a bankruptcy petition, plaintiff sold the unit, as authorized by the Bankruptcy Court, in October 2012.

Contrary to plaintiff's contention, CIT was not required to file a proof of claim in plaintiff's bankruptcy case to satisfy its

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