Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff was the successful bidder at a mortgage foreclosure sale. Although he signed the memorandum of sale and made a 10% deposit on the purchase price, the sale was never consummated. He thereafter commenced this action seeking, inter alia, specific performance. However, the plaintiff's remedy is an application before the court in the underlying foreclosure action, not a plenary...
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