Friesch-Groningsche Hypotheekbank v. 349 Operating Corp.

—Order and judgment (one paper), Supreme Court, New York County (Karla Moskowitz, J.), entered October 18, 1996, which denied plaintiffs motion to compel the Referee to conduct a hearing to determine plaintiffs rights with respect to surplus monies derived from a mortgage foreclosure sale, and granted defendant 349 Operating Corp.’s (“349 Corp.”) cross motion to confirm the Referee’s amended report and direct that the surplus monies be released and distributed to 349 Corp., unanimously affirmed, with costs.

*141Plaintiffs judgment against the individual defendant, Paul Esteva, which emanated from…