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SAV. BANK OF UTICA v. 561-575 DELAWARE AVE., INC.

201 A.D.2d 946 (1994)

607 N.Y.S.2d 528

Savings Bank of Utica, Appellant, v. 561-575 Delaware Ave., Inc., et al., Respondents

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

February 4, 1994

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly concluded that plaintiff's motion for a deficiency judgment was not timely under RPAPL 1371. RPAPL 1371 (2) provides that a party moving for a deficiency judgment must make the motion "within ninety days after the date of the consummation of the sale by the delivery of the proper deed of conveyance to the purchaser". Local counsel for plaintiff conceded that he received the deed on February...

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