Opinion
August 31, 1998
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The record establishes that neither the defendants nor their attorneys were served with the notice of motion for leave to enter a deficiency judgment in accordance with the provisions of RPAPL 1371 (2), and there is no proof that they received actual notice of the motion within the 90-day period as defined in this statute. This constitutes "a complete bar to the entry of a deficiency judgment" ( see, Mortgagee Affiliates Corp. v. Jerder Realty Servs., 62 A.D.2d 591, 594, affd 47 N.Y.2d 796; Gateway State Bank v. Puma, 229 A.D.2d 373; cf., Bianco v. Coles, 131 A.D.2d 10).
O'Brien, J.P., Santucci, Joy and Friedmann, JJ., concur.