River Bank America v. Pan American Mall, Inc.

—In an action to foreclose a mortgage, the plaintiff appeals from so much of an order of the Supreme Court, Queens County (LeVine, J.), dated July 22, 1994, as upon reargument and renewal, adhered to the prior determination which, inter alia, denied the branch of the plaintiffs motion which was for leave to enter a deficiency judgment against the defendant Luis Moyett.

Ordered that the order is affirmed insofar as appealed from, with costs.

RPAPL 1371 (2) requires that a motion to enter a deficiency judgment be made within 90 days after the date the sale is consummated by the delivery of the…