Linda Bhola v Marietta Small

Bhola v Small 2006 NY Slip Op 05575 [31 AD3d 474] July 11, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 20, 2006

Linda Bhola, Respondent,
v
Marietta Small, Defendant. Damian Mark et al., Nonparty Appellants.

—[*1]

In an action for the partition and sale of real property, Damian Mark, Jeff Mark, and Hillary Mark appeal from an order of the Supreme Court, Kings County (Bayne, J.), dated August 31, 2005, which denied their motion, inter alia, pursuant to CPLR 5015 (a) (4) to vacate a prior order of the same court (Shaw, J.) dated August 5, 1996, granting the plaintiff's motion for summary judgment and an accounting.

Ordered that the order is affirmed, with costs.

Given that the administrator of the decedent's estate was named in this action, the failure to join the appellants did not deprive the Supreme Court of jurisdiction (see CPLR 1004; see generally CPLR 1001; Real Property Actions and Proceedings Law § 903). Accordingly, the Supreme Court properly denied that branch of the appellants' motion which was to vacate the order dated August 5, 1996, pursuant to CPLR 5015 (a) (4).

The appellants' remaining contentions either are without merit or academic. Miller, J.P., Luciano, Spolzino and Dillon, JJ., concur.