Opinion
August 24, 1998
Appeal from the Supreme Court, Kings County (Dowd, J.).
Ordered that the order is affirmed, with costs.
The intervenors purchased the subject property at a foreclosure sale. By decision and order dated August 4, 1997, this Court upheld the validity of that foreclosure sale ( see, Grohman v. Weiss, 242 A.D.2d 259).
While that appeal was pending in this Court, the intervenor Ralph Ashkenazi purportedly agreed to submit the dispute over his purchase of the property at the foreclosure sale to arbitration. However, once this Court reached a final determination with respect to the validity of the foreclosure sale, no arbitrable controversy survived ( see, Argenio Bros. v. New Paltz Cent. School Dist., 87 A.D.2d 879). Accordingly, the question of the validity of Ralph Ashkenazi's purported agreement to arbitrate is academic.
The appellant's remaining contentions are either without merit need not be addressed in light of our determination.
O'Brien, J.P., Santucci, Krausman and Goldstein, JJ., concur.