Opinion
0-08424
February 11, 2002
March 11, 2002.
In an action pursuant to RPAPL article 15 to compel the determination of a claim to real property, the defendant appeals from an order of the Supreme Court, Orange County (Owen, J.), dated August 2, 2000, which granted the plaintiff's motion for summary judgment declaring that the plaintiff holds title to certain real property and denied his cross motion for summary judgment on the counterclaim.
Drew, Davidoff Edwards, LLP, Monticello, N.Y. (Brian T. Edwards and Michael Davidoff of counsel), for appellant.
Joseph Deutsch, New City, N.Y., for respondent.
SONDRA MILLER, J.P., ROBERT W. SCHMIDT, STEPHEN G. CRANE, and BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Orange County, for entry of a judgment declaring that the plaintiff holds title to certain real property.
"A judgment of foreclosure and sale entered against a defendant is final as to all questions at issue between the parties, and concludes all matters of defense which were or might have been litigated in the foreclosure action" (Long Is. Sav. Bank v. Mihalios, 269 A.D.2d 502, 503; see, Beube v. English, 206 A.D.2d 339; Valdez v. Garcia, 151 A.D.2d 471). Accordingly, in this post-foreclosure action, the defendant's contentions are without merit (see, Long Is. Sav. Bank v. Mihalios, supra; Valdez v. Garcia, supra).