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COLUMBIAN MUT. LIFE INS. CO. v. HORIZONS OF SCHUYLER, INC.

229 A.D.2d 978 (1996)

645 N.Y.S.2d 258

Columbian Mutual Life Insurance Company, Respondent, v. Horizons of Schuyler, Inc., et al., Appellants, et al., Defendants

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

July 12, 1996

Order unanimously affirmed without costs.

Memorandum:

Because the amount of the judgment of foreclosure and sale exceeds the amount paid for the property upon the sale, plaintiff is entitled to the proceeds remaining in the receiver's account (see, RPAPL 1371 [4]; Albany Sav. Bank v Greller Assocs. [appeal No. 2], 178 A.D.2d 953, 954, lv denied 79 N.Y.2d 757...

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