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Wells Fargo, as Trustee for Carrington Mortgage Loan Trust Series 2006-NC4, Appellant, v. Steven E. Tyson et al., Respondent, et al., Defendants. Wells Fargo Bank, N.A., Nonparty Appellant

New York Supreme Court, Appellate Division2011-03-01
82 A.D.3d 757917 N.Y.S.2d 914

Authorities cited

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Opinion

majority opinion

Wells Fargo Bank, N.A., was not a party to the action resulting in the judgment from which it appeals. Moreover, it had no notice of the action. Accordingly, the Supreme Court was not authorized to issue a judgment against it (see Harris v Manhattan & Bronx Surface Tr. Operating Auth., 222 AD2d 488 [1995]; Nowinski v City of New York, 189 AD2d 674, 675 [1993]; Washington v Brookdale Hosp., 126 AD2d 719, 720 [1987]; Matter of Shleifman [Steinberg], 79 AD2d 587 [1980]).

In light of our determination, we need not address Wells Fargo Bank, N.A.’s remaining contentions. Rivera, J.E, Balkin, Leventhal and Hall, JJ., concur.