North Fork Bank & Trust Co. v. Boe

Appellate Division of the Supreme Court of New York

North Fork Bank & Trust Co. v. Boe

198 A.D.2d 336, 605 N.Y.S.2d 894, 1993 N.Y. App. Div. LEXIS 10657

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

DecidedNovember 15, 1993

StatusPublished

Cited by1 cases

This text of 198 A.D.2d 336 (North Fork Bank & Trust Co. v. Boe) 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

North Fork Bank & Trust Co. v. Boe, 198 A.D.2d 336, 605 N.Y.S.2d 894, 1993 N.Y. App. Div. LEXIS 10657 (N.Y. Ct. App. 1993).

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Opinion

—In an action to foreclose a mortgage, the defendants Roy L. M. Boe and Betty Broderick Boe appeal from an order and judgment (one paper), of the Supreme Court, Suffolk County (Lama, J.), entered August 26, 1991, which granted the plaintiff’s motion to confirm the Referee’s report of sale and for leave to enter a deficiency judgment against the defendants Roy L. M. Boe and Betty Broderick Boe.

Ordered that the order and judgment is affirmed, with costs.

Contrary to the appellants’ contentions, the plaintiff properly complied with RPAPL 1371 (2) by moving within 90 days of the date of delivery of the deed to the purchaser for leave to enter a deficiency judgment.

The defendants’ remaining contentions are either unpreserved for appellate review (see, Matter of Dowsett v Dowsett, 172 AD2d 610), or without merit. Sullivan, J. P., Miller, Ritter and Santucci, JJ., concur.

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—In an action to foreclose a mortgage, the defendants Roy L. M. Boe and Betty Broderick Boe appeal from an order and judgment (one paper), of the Supreme Court, Suffolk County (Lama, J.), entered August 26, 1991, which granted the plaintiff’s motion to confirm the Referee’s report of sale and for leave to enter a deficiency judgment against the defendants Roy L. M. Boe and Betty Broderick Boe.

Ordered that the order and judgment is affirmed, with costs.

Contrary to the appellants’ contentions, the plaintiff properly complied with RPAPL 1371 (2) by moving within 90 days of the date of delivery of the deed to the purchaser for leave to enter a deficiency judgment.

The defendants’ remaining contentions are either unpreserved for appellate review (see, Matter of Dowsett v Dowsett, 172 AD2d 610), or without merit. Sullivan, J. P., Miller, Ritter and Santucci, JJ., concur.

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Bluebook (online)

198 A.D.2d 336, 605 N.Y.S.2d 894, 1993 N.Y. App. Div. LEXIS 10657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/north-fork-bank-trust-co-v-boe-nyappdiv-1993.

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