Legal Opinion

BTC Mortgage Investors Trust 1997-SI v. Altamont Farms, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 2001PublishedCited by 16 opinions

1Opinion of the Court

—Lahtinen, J.

Appeal from an order of the Supreme Court (Kavanagh, J.), entered February 24, 2000 in Ulster County, which, inter alia, denied plaintiffs motion for a deficiency judgment.

In December 1998, plaintiff obtained a judgment of foreclosure and sale on a fruit farm owned by defendants in the Town of Lloyd, Ulster County, after defendants defaulted on their mortgage to plaintiff. In March 1999, plaintiff purchased the property at the foreclosure sale for $600,000. In July 1999, plaintiff moved pursuant to RPAPL 1371 to confirm the Referee’s report of sale and for a deficiency judgment…

2Cases cited12 opinions

  1. Matter of City of New YorkNew York Court of Appeals · 1974
  2. ARC Machining & Plating, Inc. v. DimmickAppellate Division of the Supreme Court of the State of New York · 1997
  3. National Bank of North America v. Systems Home Improvement, Inc.New York Court of Appeals · 1980
  4. Consolidated Edison Co. of New York, Inc. v. Neptune AssociatesAppellate Division of the Supreme Court of the State of New York · 1993
  5. Columbus Realty Investment Corp. v. GrayAppellate Division of the Supreme Court of the State of New York · 1997

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3Cited by16 opinions

  1. Flushing Savings Bank, FSB v. Pierre BitarNew York Court of Appeals · 2015
  2. Cicero v. Aspen Hills II, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  3. Gulf Coast Bank & Trust Co. v. Virgil Resort Funding Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  4. Flushing Sav. Bank, FSB v. ViegasAppellate Division of the Supreme Court of the State of New York · 2016
  5. U.S. Bank, N.A. v. 199-02 Linden Blvd. Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2021

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