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SANDERS v. PALMER

113 A.D.2d 882 (1985)

Thelma Sanders et al., Appellants, v. Jeanette Palmer et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 23, 1985

Judgment affirmed, with costs to respondent Jeanette Palmer.

Since plaintiffs never moved for a deficiency judgment within 90 days after delivery of the deed in the initial foreclosure action, the proceeds of this sale are deemed to be in full satisfaction of the mortgage debt and no right to recover any deficiency in any other action or proceeding exists (RPAPL 1371 [2], [3]; see, Bedcro Realty Corp. v Title Guar. & Trust Co., 290 N.Y. 520, 523...

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