Opinion
April 12, 1999
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court correctly determined that the plaintiff was entitled to summary judgment on the issue of liability. "A secured party after default may sell, lease or otherwise dispose of any or all of the collateral in its then condition or following any commercially reasonable preparation or processing" (UCC § 9-504). Contrary to the appellants' contention, the plaintiff adequately demonstrated that it mailed a notice of such sale to the appellants, as required by Uniform Commercial Code § 9-504 (3). The appellants' claim that they did not receive the notice is irrelevant. "There is no requirement that the debtor receive actual notice" (Thornton v. Citibank, 226 A.D.2d 162; see, Dougherty v. 425 Dev. Assocs., 93 A.D.2d 438). Further, the address to which the plaintiff mailed the notice was the address provided in the subject lease.
The appellants' remaining contention is without merit.
Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.