Fried v. Granite Management Corp.

—Order unanimously af*879firmed with costs. Memorandum: Supreme Court properly granted defendant’s motion for summary judgment dismissing the amended complaint. Plaintiff contends that the Referee’s sale of the mortgaged property to defendant, the second-highest bidder, upon the default by plaintiff, the highest bidder, was improper because that term of sale was not authorized by the judgment of foreclosure. That contention is rendered moot by Supreme Court’s order confirming and ratifying the sale. In any event, plaintiff expressly agreed to the terms of the sale (see, March v Marasco, 165 App…