Opinion
April 1, 2008.
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 9, 2007, which, insofar as appealed from as limited by the briefs, denied defendant Denise Carney's motion to vacate a judgment of foreclosure and sale, unanimously affirmed, without costs.
Before: Gonzalez, J.P., Williams, Catterson and Moskowitz, JJ.
The court properly found that there was no fraud, collusion, mistake, or misconduct that would permit it to set aside a sale of foreclosure in the absence of compliance with the requirements of RPAPL 1341 ( see NYCTL 1996-1 Trust v LFJ Realty Corp., 307 AD2d 957, lv dismissed 1 NY3d 622). Carney's contention that her right of redemption continued until delivery of the referee's deed is unsupported by case law ( see GMAC Mtge. Corp. v Tuck, 299 AD2d 315, 316; United Capital Corp. v 183 Lorraine St. Assoc., 251 AD2d 400), and contradicted by the plain wording of RPAPL 1341, which "does not allow for a discretionary interpretation or application" ( Gabriel v 351 St. Nicholas Equities, 168 AD2d 338, 339).
[ see 2007 NY Slip Op 32074(U).]