Maspeth Federal Savings & Loan Ass'n v. Bah

30 A.D.3d 316, 816 N.Y.S.2d 683

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 27, 2006
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 17, 2005, which denied defendant-appellant’s application to vacate a default foreclosure judgment and void a referee’s sale, unanimously affirmed, with costs.

Subsequent to the order appealed from, defendant, in a holdover proceeding brought by the person who purchased defendant’s condominium unit at the foreclosure sale, consented to a final judgment of possession in favor of the purchaser. To permit defendant to vacate the foreclosure would undermine that consent judgment. We will not countenance such a result (see Farm Crest Packing Corp. v Milner, 30 AD2d 316 [1968]; see also Canfield v Harris & Co., 252 NY 502, 504 [1930]). Concur—Buckley, EJ., Saxe, Friedman, Williams and Malone, JJ.