Home Savings of America v. Weingrad

—Order, Supreme Court, New York County (Carol Huff, J.), entered July 10, 1997, which, inter alia, granted plaintiffs motion for summary judgment on its foreclosure claim, and granted defendant Manufacturers and Traders Trust Company’s cross motion for summary judgment on its cross claim pursuant to RPAPL 1351 (3) to the extent of directing that any excess proceeds from the foreclosure sale be paid directly to Manufacturers in satisfaction of its subordinate mortgage, unanimously affirmed, with costs.

We reject appellants’ contention that triable issues of fact have been raised with respect to…