Legal Opinion

Sanders v. Palmer

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

Decided September 23, 1985PublishedCited by 2 opinions

1Opinion of the Court

In a mortgage foreclosure action, plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (McCarthy, J.), entered January 4, 1984, which dismissed their complaint.

Judgment affirmed, with costs to respondent Jeanette Palmer.

Since plaintiffs never moved for a deficiency judgment within 90 days after delivery of the deed in the initial forecloforecloaction, the proceeds of this sale are deemed to be in full satisfaction of the mortgage debt and no right to recover any deficiency in any other action or proceeding exists (RPAPL 1371 [2], [3]; see, Bedcro Realty Corp. v Title Guar. &…

2Cases cited3 opinions

  1. Bedcro Realty Corp. v. Title Guarantee & Trust Co.New York Court of Appeals · 1943
  2. Statewide Savings & Loan Ass'n v. Canoe Hill, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  3. Maloney v. MaddoverNew York Supreme Court · 1912

3Cited by2 opinions

  1. Marine Midland Bank v. Landsdowne Management Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  2. Crossland Savings, FSB v. PattonAppellate Division of the Supreme Court of the State of New York · 1992

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