Legal Opinion
People's United Bank v. Lakewood Gardens, LLC
Appellate Division of the Supreme Court of the State of New York
Decided August 12, 2015No. 2014-00309PublishedCited by 2 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Alexander DeRosa appeals from an order of the Supreme Court, Suffolk County (Collins, J.), dated September 16, 2013, which granted, without a hearing, the plaintiff’s motion pursuant to RPAPL 1371 for leave to enter a deficiency judgment in the principal sum of $113,534.14.
Ordered that the order is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing to determine the fair and reasonable market value of the subject mortgaged premises as of the date of the foreclosure sale, and a new…
2Cases cited4 opinions
- Columbus Realty Investment Corp. v. GrayAppellate Division of the Supreme Court of the State of New York · 1997
- LeVine v. FlynnAppellate Division of the Supreme Court of the State of New York · 1998
- TPZ Corp. v. Block 7589 Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Trustco Bank, National Ass'n v. 400 Delaware Avenue Property Co.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by2 opinions
- Flushing Sav. Bank, FSB v. ViegasAppellate Division of the Supreme Court of the State of New York · 2016
- New York Commercial Bank v. 18 RVC, LLCAppellate Division of the Supreme Court of the State of New York · 2015