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

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1993·Published·Cited by 1 cases

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.

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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198 A.D.2d 336 (North Fork Bank & Trust Co. v. Boe) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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