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PLOTCH v. CITIBANK, N.A.

No. 57

27 N.Y.3d 477 (2016)

54 N.E.3d 66

34 N.Y.S.3d 394

2016 NY Slip Op 03648

ADAM PLOTCH, Appellant, v. CITIBANK, N.A., Respondent.

Court of Appeals of New York.

Decided May 10, 2016.

Attorney(s) appearing for the Case

D'Agostino Levine Landesman & Lederman, LLP, New York City ( Bruce H. Lederman and Eric R. Garcia of counsel), and Joel David Sharrow , Staatsburgh, for appellant.

Lemery Greisler LLC, Albany ( Paul A. Levine and Peter M. Damin of counsel), for respondent.

Gallet Dreyer & Berkey, LLP, New York City ( Marc Luxemburg and Edward M. Cuddy, III , of counsel), for Council of New York Cooperatives and Condominiums, amicus curiae.

Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur; Judge GARCIA taking no part.

OPINION OF THE COURT

Plaintiff was the winning bidder in a foreclosure action in which he purchased a condominium unit subject to "[t]he first Mortgage of record against the premises." The foreclosure action was commenced by the condominium board to recover unpaid common...

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