Opinion
February 9, 1998
Appeal from the Supreme Court, Orange County (Bellantoni, J.).
Ordered that the order is affirmed, with costs.
The plaintiff's submissions establish conclusively that the foreclosure sale generated no surplus money within the definition of RPAPL 1354 (4) ( see, Evergreen Bank v. D P Justin's, 152 A.D.2d 898). The appellant's prior motion, in effect, sought to recover that which does not exist, i.e., surplus money. The Supreme Court thus properly concluded that that prior motion, which was improperly served, and of which the plaintiff had not received any notice, was wholly without merit. The Supreme Court was thus correct in vacating its prior orders and in denying the prior motion.
Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.