
    Melvin Rosenkrantz, Plaintiff, v. Salvo Realty Corp. et al, Defendants.
    Supreme Court, Special Term, Nassau County,
    January 21, 1971.
    
      Joseph D. Stim for Salvo Realty Corp. and another, defendants. Kanter, Blodnick <& Haber for plaintiff. Garfunkel & Hyde for Roosevelt Savings Bank of the City of New York, defendant. Leonard Maneusi for Bonwit Teller, defendant.
   Mabio Pittoni, J.

Motion by defendants Salvo Realty Corp. and Midas Collections, Inc., to dismiss the complaint, is granted.

Section 489 of the Judiciary Law does not make illegal an assignment of a mortgage which has already been foreclpsed by the original holder of the mortgage; nor does it make illegal an assignment of the judgment; nor does it make illegal an assignment of a mortgage and its note then in foreclosure to a corporation intending to continue the foreclosure.  