From Casetext: Smarter Legal Research

United Capital Corp. v. Lorraine St. Assoc

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 400 (N.Y. App. Div. 1998)

Opinion

June 4, 1998

Appeal from the Supreme Court, Kings County (Shaw, J.).


Ordered that the order is affirmed, with costs.

It is well settled that the owner of the equity of redemption has a right to redeem at any time before an actual sale under a judgment of foreclosure ( see, Belsid Holding Corp. v. Dahm, 12 A.D.2d 499; see also, Bancplus Mtge. Corp. v. Galloway, 203 A.D.2d 222; Finance Inv. Co. v. Gossweiler, 145 A.D.2d 463; Polish Natl. Alliance v. White Eagle Hall Co., 98 A.D.2d 400; First Fed. Say. Loan Assn. v. Smith, 83 A.D.2d 601). Thus, the foreclosure sale which took place on March 4, 1997, extinguished, as a matter of law, the appellants' purported rights to redeem the subject property. Accordingly, the motion was properly denied.

Mangano, P. J., Thompson, Santucci and Altman, J.J., concur.


Summaries of

United Capital Corp. v. Lorraine St. Assoc

Appellate Division of the Supreme Court of New York, Second Department
Jun 4, 1998
251 A.D.2d 400 (N.Y. App. Div. 1998)
Case details for

United Capital Corp. v. Lorraine St. Assoc

Case Details

Full title:UNITED CAPITAL CORP., Respondent, v. 183 LORRAINE STREET ASSOCIATES et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 4, 1998

Citations

251 A.D.2d 400 (N.Y. App. Div. 1998)
675 N.Y.S.2d 543

Citing Cases

Nyctl 1996-1 v. Moore

Ordered that the order is affirmed, with costs to the respondents. The title owner of property encumbered by…

United States v. Chesir

As the Second Circuit has held, “[U]nder New York law, the foreclosure sale effectively cut[s] off [a…