Savings Bank of Utica v. 561-575 Delaware Avenue, Inc.

Order unanimously affirmed with costs. Memorandum: Supreme Court properly concluded that plaintiffs motion for a deficiency judgment was not timely under RPAPL 1371. RPAPL 1371 (2) provides that a party moving for a deficiency judgment must make the motion "within ninety days after the date of the consummation of the sale by the delivery of the proper deed of conveyance to the purchaser”. Local counsel for plaintiff conceded that he received the deed on February 12, 1992; the deed was not filed until May 28, 1992. Plaintiff’s contention that the deed delivered on February 12 was not a…