Wells Fargo, etc., appellant, v. Steven E. Tyson, et al., respondent, et al., defendants;  Wells Fargo Bank, N.A., nonparty-appellant. (2011)

Argued-February 7, 2011

DECISION & ORDER

In an action to foreclose a mortgage, the plaintiff and nonparty Wells Fargo Bank, N.A., appeal from a judgment of the Supreme Court, Suffolk County (Spinner, J.), entered March 24, 2010, which, after a court conference, sua sponte, determined that the nonparty Wells Fargo Bank, N.A., was liable for trespass on the premises subject to the mortgage, and is in favor of the defendant Steven E. Tyson and against the nonparty Wells Fargo Bank, N.A., in the principal sum of $155,092.

ORDERED that the appeal by the plaintiff is dismissed, as it is not aggrieved by the judgment (see CPLR 5511);  and it is further,

ORDERED that the judgment is reversed, on the law, without costs or disbursements.

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 A.D.2d 488;  Nowinski v. City of New York, 189 A.D.2d 674, 675;  Washington v. Brookdale Hosp., 126 A.D.2d 719, 720;  Matter of Shleifman [Steinberg ], 79 A.D.2d 587).

In light of our determination, we need not address Wells Fargo Bank, N.A.'s remaining contentions.

RIVERA, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court