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WASHINGTON MUTUAL BANK, F.A. v. ALLSTATE INSURANCE COMPANY

48 A.D.3d 554 (2008)

852 N.Y.S.2d 201

WASHINGTON MUTUAL BANK, F.A., Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

Decided February 13, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff's failure to properly move for the entry of a deficiency judgment within 90 days after the delivery of the referee's deed would normally have resulted in a presumption that there had been a "full satisfaction of the mortgage debt" that was owed to it (RPAPL 1371 [3]). As a result of such presumed full satisfaction of the mortgage debt, the plaintiff mortgagee would normally be deemed to lack any insurable...

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