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NYCTL 1999-1 TRUST v. NY PRIDE HOLDINGS, INC.

2009-01072

68 A.D.3d 952 (2009)

2009 NY Slip Op 9444

892 N.Y.S.2d 418

NYCTL 1999-1 TRUST et al., Plaintiffs, v. NY PRIDE HOLDINGS, INC., Respondent, and UNION STREET MANAGEMENT GROUP, LTD., Appellant, et al., Defendants.

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

Decided December 15, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The surplus funds of a foreclosure sale stand in the place of the land for all purposes of distribution among persons having vested interests or liens upon the land (see Chase Manhattan Mtge. Corp. v Hall, 18 A.D.3d 413 [2005]; Shankman v Horoshko, 291 A.D.2d 441, 442 [2002]). RPAPL 1361 (2) provides that the...

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