ARBOR NATIONAL COMMERCIAL MORTGAGE, LLC v. CARMANS PLAZA, LLC


305 A.D.2d 622 (2003)

759 N.Y.S.2d 683

ARBOR NATIONAL COMMERCIAL MORTGAGE, LLC, Appellant, v. CARMANS PLAZA, LLC, Defendant, and WILBUR F. BRESLIN, Respondent.

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

Decided May 27, 2003.


Ordered that the order is affirmed insofar as appealed from, with costs.

RPAPL 1371 (2) states that "[s]imultaneously with the making of a motion for an order confirming the sale, provided such motion is made within ninety days after the date of the consummation of the sale by the delivery of the proper deed of conveyance to the purchaser, the party to whom such residue shall be owing may make a motion in the action for leave to enter a deficiency judgment upon notice...

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