American Business Credit, Inc. v. Sanabria

In an action to foreclose a mortgage, the defendant Israel Sanabria appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Kramer, J.), dated May 21, 2004, as denied, without a hearing, those branches of his motion which were to vacate a referee’s deed and judgment of foreclosure, and to dismiss the action.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant’s contention, his equity of redemption in the subject property was not preserved by a stay (see RPAPL 1341 [2]; EMC Mtge. Corp. v Bobb, 296 AD2d 476, 478…