MANUFACTURERS AND TRADERS TRUST COMPANY v. BERTHOLE

2013-10144

130 A.D.3d 881 (2015)

15 N.Y.S.3d 82

2015 NY Slip Op 06221

MANUFACTURERS AND TRADERS TRUST COMPANY, Plaintiff, v. ANNE BERTHOLE et al., Defendants, ANTHONY BERTHOLE, Respondent, and GLADYS MENARDY, Appellant.

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

Decided July 22, 2015.


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

"The surplus funds of a foreclosure sale stand in the place of the land for all purposes of distribution among persons having vested interests or liens upon the land" (NYCTL 1999-1 Trust v NY Pride Holdings, Inc., 68 A.D.3d 952, 952 [2009]; see Emigrant Mtge. Co., Inc. v Biggio, 110...

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