GREENPOINT BANK v. HYMAN J. GAINES, P.C.

2013-07807

129 A.D.3d 668 (2015)

9 N.Y.S.3d 587

2015 NY Slip Op 04609

GREENPOINT BANK, Plaintiff, v. HYMAN J. GAINES, P.C., PROFIT SHARING PLAN, et al., Defendants, ALBERTO ARAUJO, Appellant. CULLEN AND DYKMAN, LLP, Nonparty Respondent.

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

Decided June 3, 2015.


In an action to foreclose a mortgage, the defendant Alberto Araujo appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered June 26, 2013, which denied his motion to recover certain monies in this action.

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

The appellant claims that he was entitled to additional surplus funds following a 2002 judgment of foreclosure and sale which was entered upon his default. However...

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