Board of Managers v. Silva

OPINION OF THE COURT

Ajrlene P. Bluth, J.

The motion by Fidelity National Title Insurance Company for an order directing the turnover of surplus funds from the foreclosure sale to Fidelity is denied.

Background

This was an action by plaintiff, the condominium’s Board of Managers, to foreclose on the lien and recover unpaid common charges for a condo located at 155 West 70th Street, New York, NY (the premises). Nonparty City West Capital, LLC purchased the premises for $490,000 at the foreclosure sale in this action, leaving $59,590.52 in surplus money. City West purchased a title insurance policy…