Greenpoint Savings Bank v. Kijik

*360In 1992 the appellant defaulted in payment on both her first mortgage, held by the plaintiff, and her second mortgage, held by the respondent Marine Midland N.A. The plaintiff commenced this action to foreclose its mortgage, naming the appellant and the respondent, among others, as defendants. After foreclosure and sale of the property, a surplus was realized, and that money was deposited with the Treasurer of Suffolk County in July 1995. In August 2000 the respondent moved pursuant to RPAPL 1361 to obtain the surplus money since its lien exceeded the amount of the surplus funds. The…