| Option One Mtge. Corp. v Daddi |
| 2009 NY Slip Op 02340 [60 AD3d 920] |
| March 24, 2009 |
| Appellate Division, Second Department |
| Option One Mortgage Corporation, Respondent, v AntonioDaddi, Appellant, et al., Defendants. |
—[*1] Fein, Such & Crane, LLP, Chestnut Ridge, N.Y. (Samit G. Patel of counsel), forrespondent.
In an action to foreclose a mortgage, the defendant Antonio Daddi appeals from an order ofthe Supreme Court, Nassau County (Brandveen, J.), dated October 31, 2007, which denied hismotion to set aside a judgment of foreclosure and sale of the same court (McCabe, J.), enteredDecember 21, 2005, and the foreclosure sale conducted on September 26, 2006.
Ordered that the order is affirmed, with costs.
The appellant's conduct and, inter alia, his stipulation of settlement, constituted a waiver ofhis purported defenses (see Calderock Joint Ventures, L.P. v Mitiku, 45 AD3d 452[2007]; Matter of Commercial Bank of Informatics & Computing Technique Dev. BankInformtechnika v Ostashko, 274 AD2d 516 [2000]; Lomando v Duncan, 257 AD2d649 [1999]).
Since there is no allegation that the plaintiff sought a deficiency judgment against theappellant, it cannot be said that the plaintiff's bid for the property at the foreclosure sale wasunconscionably low (see Polish Natl. Alliance of Brooklyn v White Eagle Hall Co., 98AD2d 400, 407 [1983]).
The appellant's remaining contentions are without merit or need not be reached in light ofour determination. Rivera, J.P., Florio, Dickerson and Chambers, JJ., concur.