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BARCLAYS BANK OF NEW YORK, N.A. v. STRATHMORE FIVE REALTY CO. LTD.

262 A.D.2d 591 (1999)

691 N.Y.S.2d 892

BARCLAYS BANK OF NEW YORK, N.A., Appellant, v. STRATHMORE FIVE REALTY CO., LTD., et al., Defendants, and ALFRED BARONE, Respondent.

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

Decided June 28, 1999.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the appellant's argument, the Supreme Court was not precluded, as a matter of law, from granting the motion of the defendant Alfred Barone to vacate an improper deficiency judgment entered against him on March 12, 1998 (see, CPLR 5015 [a] [5]; Ciminelli Constr. Co. v City of Buffalo, 110 A.D.2d 1075, 1076; Barclays Bank of v Strathmore...

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