Opinion
Submitted September 20, 2001.
October 15, 2001.
In an action to foreclose a mortgage, the defendants Leonard Horwitz and Marjorie Horwitz appeal from an order of the Supreme Court, Dutchess County (Beisner, J.), dated May 16, 2000, which granted the plaintiff's motion for a deficiency judgment.
Jeffrey Rovins, New York, N.Y., for appellants.
McCabe Mack, LLP, Poughkeepsie, N.Y. (Richard R. DuVall and Christina M. Bookless of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, NANCY E. SMITH, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
We agree with the Supreme Court that the plaintiff was entitled to a deficiency judgment (see, RPAPL 1371). The equitable considerations raised by the appellants do not warrant a modification of the deficiency judgment (see, Trustco Bank, Natl. Assn. v. Sack, 270 A.D.2d 252; cf., Aetna Life Ins. Co. v. Avalon Orchards, 118 A.D.2d 297).
O'BRIEN, J.P., FRIEDMANN, SMITH and COZIER, JJ., concur.