Federal National Mortgage Ass'n v. Walsh

In an action to foreclose a mortgage, nonparty Paul Palmieri, the successful bidder at a first foreclosure sale, appeals from an order of the Supreme Court, Suffolk County (Seidell, J.), dated December 22, 1997, which granted the plaintiff’s motion to direct the Referee to turn over the appellant’s deposit to the plaintiff.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing in accordance herewith.

The plaintiff commenced this action in December 1992 to foreclose a mortgage on a house in…