Manufacturers & Traders Trust Co. v. Berthole

In an action to foreclose a mortgage, the defendant Gladys Menardy appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated September 13, 2013, as denied that branch of her motion which was to distribute to her surplus funds from the sale of real property which had been subject to the mortgage.

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

“The surplus funds of a foreclosure sale stand in the place of the land for all purposes of distribution among persons having vested interests or liens upon the land” (NYCTL…