Greenpoint Bank v. Hyman J. Gaines, P.C.

Appellate Division of the Supreme Court of New York

Greenpoint Bank v. Hyman J. Gaines, P.C.

129 A.D.3d 668, 9 N.Y.S.3d 587

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 3, 2015

Docket2013-07807

StatusPublished

This text of 129 A.D.3d 668 (Greenpoint Bank v. Hyman J. Gaines, P.C.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Greenpoint Bank v. Hyman J. Gaines, P.C., 129 A.D.3d 668, 9 N.Y.S.3d 587 (N.Y. Ct. App. 2015).

Pincite

Opinion

In an action to foreclose a mortgage, the defendant Alberto Araujo appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered June 26, 2013, which denied his motion to recover certain monies in this action.

Ordered that the order is affirmed, without costs or disbursements.

The appellant claims that he was entitled to additional surplus funds following a 2002 judgment of foreclosure and sale which was entered upon his default. However, contrary to the appellant’s contention, the record does not support his claim. Accordingly, the Supreme Court properly denied his motion to recover additional surplus funds.

Hall, J.P., Sgroi, Miller and Hinds-Radix, JJ., concur.

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In an action to foreclose a mortgage, the defendant Alberto Araujo appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered June 26, 2013, which denied his motion to recover certain monies in this action.

Ordered that the order is affirmed, without costs or disbursements.

The appellant claims that he was entitled to additional surplus funds following a 2002 judgment of foreclosure and sale which was entered upon his default. However, contrary to the appellant’s contention, the record does not support his claim. Accordingly, the Supreme Court properly denied his motion to recover additional surplus funds.

Hall, J.P., Sgroi, Miller and Hinds-Radix, JJ., concur.

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Bluebook (online)

129 A.D.3d 668, 9 N.Y.S.3d 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenpoint-bank-v-hyman-j-gaines-pc-nyappdiv-2015.