Opinion
Argued August 29, 1977
Decided October 4, 1977
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ROBERT J. McDOWELL, J.
Dirk S. Adams for appellant.
Richard S. Mayberry for respondent.
Order affirmed, with costs, on the opinion by Presiding Justice JOHN S. MARSH at the Appellate Division ( 52 A.D.2d 251). Moreover, the underlying debt having been extinguished by the acquisition of the premises by defendant at the foreclosure sale as a result of its successful bid for an amount equal to the entire balance due (Whitestone Sav. Loan Assn. v Allstate Ins. Co., 28 N.Y.2d 332; Moke Realty Corp. v Whitestone Sav. Loan Assn., 41 N.Y.2d 954, affg on opn at 82 Misc.2d 396, 51 A.D.2d 1005), the plaintiff's obligation as surety was released (Union Trust Co. v Willsea, 275 N.Y. 164, 166-167).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.