Steuben Trust Co. v. Buono

Order unanimously reversed on the law with costs and motion dismissed. Memorandum: Supreme Court erred in granting plaintiff’s motion for a deficiency judgment in this mortgage foreclosure action (see, RPAPL 1371 [2]). Although the action was stayed when Robert G. Buono (defendant) filed for bankruptcy (11 USC § 362 [a] [2]), that stay was lifted on May 25, 1995 to permit plaintiff to proceed with the foreclosure. The judgment of foreclosure was entered on August 8, 1995, and the property was sold at auction and the deed delivered to the purchasers on October 17, 1995. Plaintiff did not bring…