Opinion
2001-10083
Argued October 7, 2002.
November 18, 2002.
In an action, inter alia, to foreclose a mortgage, the defendant Double R Associates, L.P., appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered October 16, 2001, which denied its motion, among other things, to set aside the foreclosure sale.
David W. Graber, Garden City, N.Y., for appellant.
Keane Beane, P.C., White Plains, N.Y. (Richard L. O'Rourke, Eric L. Gordon, and Edward J. Phillips of counsel), for respondent.
Before: NANCY E. SMITH, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
Before the Supreme Court ordered the referee to execute the deed, the appellant was able to argue the merits of its assertion that it could redeem the property (see EMC Mortgage Corp. v. Bobb, 296 A.D.2d 476; RPAPL 1341). The appellant failed to show that it was able to redeem the subject property, and therefore the Supreme Court correctly found no merit to its defense in the underlying foreclosure action and properly allowed the subject property to be deeded to the respondent (see EMC Mortgage Corp. v. Bobb, supra; see generally United Capital Corp. v. 183 Lorraine Street Assoc., 251 A.D.2d 400).
SMITH, J.P., McGINITY, LUCIANO and CRANE, JJ., concur.