North Side Savings Bank v Patricia Rosati

North Side Sav. Bank v Rosati 2006 NY Slip Op 06568 [32 AD3d 921] September 19, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, November 08, 2006

North Side Savings Bank, Respondent,
v
Patricia Rosati, Appellant.

—[*1]

In an action to foreclose a mortgage, the defendant appeals from an order of the Supreme Court, Suffolk County (Burke, J.), dated January 18, 2005, which denied her motion, inter alia, to vacate a deficiency judgment of the same court entered January 12, 1995, upon her default, which is in favor of the plaintiff and against her in the principal sum of $159,777.05.

Ordered that the order is affirmed, with costs.

The defendant did not demonstrate the absence of personal jurisdiction (see CPLR 5015 [a] [4]) and improperly waited almost 10 years after the plaintiff moved for a deficiency judgment to argue that the plaintiff's motion was not made within the 90-day period set forth in RPAPL 1371 (2) (see MBL Life Assur. Corp. v 555 Realty Co., 251 AD2d 557 [1998]; Vittoria v Mazel, Bracha, Hatzlocha, 217 AD2d 657 [1995]; Voss v Multifilm Corp. of Am., 112 AD2d 216 [1985]). Moreover, the defendant had knowledge of the deficiency judgment in 1994, and in 1999 she authorized a partial satisfaction of the deficiency judgment from the proceeds of sale of other real property. Accordingly, the Supreme Court properly denied her motion, inter alia, to vacate the deficiency judgment.

The defendant's remaining contentions are without merit. Schmidt, J.P., Adams, Luciano and Lifson, JJ., concur.