Columbian Mutual Life Insurance v. Horizons of Schuyler, Inc.

—Order unanimously affirmed without costs. Memorandum: Because the amount of the judg*979ment of foreclosure and sale exceeds the amount paid for the property upon the sale, plaintiff is entitled to the proceeds remaining in the receiver’s account (see, RPAPL 1371 [4]; Albany Sav. Bank v Greller Assocs. [appeal No. 2], 178 AD2d 953, 954, lv denied 79 NY2d 757; Albany Sav. Bank v Thum Realty, 97 AD2d 891; Dime Sav. Bank v Anshel Realty Corp., 58 AD2d 881, 882). Defendants argue that the fair market value of the property exceeds the amount plaintiff paid for the property at the foreclosure sale and…