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Greenpoint Bank v. Hyman J. Gaines, P.C.

Supreme Court, Appellate Division, Second Department, New York.
Jun 3, 2015
129 A.D.3d 668 (N.Y. App. Div. 2015)

Opinion

2015-06-03

GREENPOINT BANK, plaintiff, v. HYMAN J. GAINES, P.C., Profit Sharing Plan, et al., defendants, Alberto Araujo, appellant; Cullen and Dykman, LLP, nonparty-respondent.

Alberto Araujo, Westbury, N.Y., appellant pro se. Cullen and Dykman, LLP, Garden City, N.Y. (Adam M. Marshall of counsel), nonparty-respondent pro se.


Alberto Araujo, Westbury, N.Y., appellant pro se. Cullen and Dykman, LLP, Garden City, N.Y. (Adam M. Marshall of counsel), nonparty-respondent pro se.

In an action to foreclose a mortgage, the defendant Alberto Araujo appeals from an order of the Supreme Court, Nassau County (Woodard, J.), entered June 26, 2013, which denied his motion to recover certain monies in this action.

ORDERED that the order is affirmed, without costs or disbursements.

The appellant claims that he was entitled to additional surplus funds following a 2002 judgment of foreclosure and sale which was entered upon his default. However, contrary to the appellant's contention, the record does not support his claim. Accordingly, the Supreme Court properly denied his motion to recover additional surplus funds.

HALL, J.P., SGROI, MILLER and HINDS–RADIX, JJ., concur.


Summaries of

Greenpoint Bank v. Hyman J. Gaines, P.C.

Supreme Court, Appellate Division, Second Department, New York.
Jun 3, 2015
129 A.D.3d 668 (N.Y. App. Div. 2015)
Case details for

Greenpoint Bank v. Hyman J. Gaines, P.C.

Case Details

Full title:GREENPOINT BANK, plaintiff, v. HYMAN J. GAINES, P.C., Profit Sharing Plan…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jun 3, 2015

Citations

129 A.D.3d 668 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 4609
9 N.Y.S.3d 587