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BANK OF N.Y. MELLON v. BELLANTONI

2017-02213, Index No. 55304/14.

172 A.D.3d 797 (2019)

98 N.Y.S.3d 445

2019 NY Slip Op 03558

Bank of New York Mellon, Formerly Known as The Bank of New York, as Trustee for the Certificate Holders of CWALT, Inc., Alternative Loan Trust 2005-52CB, Mortgage Pass-Through Certificates, Series 2005-52CB, Appellant, v. Amerigo Vincent Bellantoni et al., Defendants, and USAlliance Federal Credit Union, Respondent.

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

Decided May 8, 2019.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant USAlliance Federal Credit Union to compel the plaintiff to pay it surplus moneys in the sum of $49,143.46 is denied.

The Supreme Court should have denied the motion of the defendant USAlliance Federal Credit Union, a junior lienholder and winning bidder at a foreclosure sale, to compel the plaintiff to pay it surplus moneys in accordance with RPAPL 1361. "The `surplus moneys...

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