Opinion
January 23, 1996
Appeal from the Supreme Court, New York County (Lewis Friedman, J.).
The motion court properly denied assignee MBR Holdings Associates' motion for leave to add seven condominium units to the foreclosure action instituted by its assignor, State Savings. The State Savings complaint in this foreclosure action specifically named only five condominium units and indicated repayment of some of the mortgage loan. We adhere to the view, previously expressed by this Court, "that the failure to proceed against all the security is an abandonment of the lien on the portion omitted" ( Bodner v Brickner, 29 A.D.2d 441, 446). There is no indication, contrary to the claim advanced on appeal, that plaintiff's predecessor was fraudulently induced to omit these seven units from the original foreclosure proceeding. Moreover, we take judicial notice of the fact that the foreclosure proceeding has now terminated with the judgment of foreclosure and actual sale of the premises pursuant thereto ( see, Dulberg v Ebenhart, 68 A.D.2d 323, 327).
We have considered appellant's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.