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MATRIX CAPITAL BANK v. MANIAR

2 A.D.3d 182 (2003)

769 N.Y.S.2d 516

MATRIX CAPITAL BANK, Respondent, v. REHMATULLAH MANIAR et al., Defendants. CRES LLC, Nonparty Appellant.

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

December 9, 2003.

The court properly determined that the failure to enter the judgment of foreclosure and sale could be corrected nunc pro tunc, since the judgment was signed and only the ministerial act of having the Clerk stamp it had been neglected (see Chase Home Mtge. Corp. v Marti, 279 A.D.2d 270 [2001]).

The court properly denied appellant CRES's cross motion for the refund of its down payment on the ground that a prior motion for the...

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