STEUBEN TRUST CO. v. BUONO


254 A.D.2d 803 (1998)

677 N.Y.S.2d 852

Steuben Trust Co., Respondent, v. Robert G. Buono, Appellant, et al., Defendant

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

October 2, 1998


Order unanimously reversed on the law with costs and motion dismissed.

Memorandum:

Supreme Court erred in granting plaintiff's motion for a deficiency judgment in this mortgage foreclosure action (see, RPAPL 1371 [2]). Although the action was stayed when Robert G. Buono (defendant) filed for bankruptcy (11 USC § 362 [a] [2]), that stay was lifted on May 25, 1995 to permit plaintiff to proceed with the foreclosure. The judgment of foreclosure was...

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