| Chase Manhattan Mtge. Corp. v Harper |
| 2008 NY Slip Op 07205 [54 AD3d 987] |
| September 30, 2008 |
| Appellate Division, Second Department |
| Chase Manhattan Mortgage Corporation,Respondent, v David G. Harper et al., Appellants. |
—[*1] Pittoni, Bonchonsky & Zaino, LLP, Garden City, N.Y. (Peter R. Bonchonsky and Leonard P.Marinello of counsel), for respondent.
In an action to foreclose a mortgage, the defendants David G. Harper and Michelle Harperappeal from an order of the Supreme Court, Kings County (Steinhardt, J.), dated October 19,2005, which, upon granting the plaintiff's motion for leave to reargue that branch of their priormotion which was, in effect, to determine the amount of surplus funds available after aforeclosure sale of the subject property, modified a prior order of the same court dated June 16,2005, which determined that the amount of surplus funds available after a foreclosure sale of thesubject property was $38,518.22, and determined that the amount of surplus funds available wasonly $18,572.92.
Ordered that the order is affirmed, with costs.
The appellants withdrew any claims regarding the legality of the foreclosure sale at a hearingon June 16, 2005. Thus, that issue is not properly before this Court (see e.g. Albany Sav.Bank v Greller Assoc., 178 AD2d 953, 954 [1991]; Rose v Green, 145 AD2d 618,623 [1988]). Moreover, when the subject property was sold at a foreclosure sale, even though nodeed had been delivered to the purchaser, the right of redemption was extinguished (see NYCTL 1996-1 Trust v Moore, 51AD3d 885 [2008]; Norwest Mtge.,Inc. v Brown, 35 AD3d 682, 683-684 [2006]).
The Supreme Court providently exercised its discretion, upon reargument, in determining, ineffect, that the plaintiff was entitled to interest on the judgment of foreclosure until the date that[*2]the subject property was transferred to the person who hadpurchased the property at the foreclosure sale which resulted in a reduced surplus (seeCPLR 5001 [a]; Dayan v York, 51AD3d 964 [2008]; South Shore Fed. Sav. & Loan Assn. v Shore Club Holding Corp.,54 AD2d 978 [1976]). Rivera, J.P., Miller, Angiolillo and Chambers, JJ., concur.