Opinion
February 6, 1995
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the judgment entered July 24, 1991, and the order entered September 12, 1991, are affirmed; and it is further,
Ordered that the order entered December 12, 1991, is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.
A review of the record supports the trial court's conclusion that at the time the premises was sold pursuant to the judgment of foreclosure, its fair market value did not exceed the actual sale price of $332,824.42. Therefore, based upon the total amount of the foreclosure judgment entered in the plaintiff's favor, a deficiency judgment of $112,020.11 was properly awarded pursuant to RPAPL 1371 (2). The appellant's assertion that the foreclosure sale was infected by fraud is unsupported by the evidence presented.
We have examined the appellant's remaining contentions and find them to be without merit. Bracken, J.P., Copertino, Pizzuto and Hart, JJ., concur.