Opinion
8923.
June 27, 2006.
Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 17, 2005, which denied defendant-appellant's application to vacate a default foreclosure judgment and void a referee's sale, unanimously affirmed, with costs.
Calman Greenberg, Bronx, for appellant.
Masone, White, Penkava Cristofari, Maspeth (Eric A. Penkava of counsel), for Maspeth Federal Savings and Loan Association, respondent.
Doyle Broumand, LLP, Bronx (Michael B. Doyle of counsel), for The Board of Managers of the Parkchester North Condominium, respondent.
Thomas P. Malone, New York, for Ashraf Khan, respondent.
Before: Buckley, P.J., Saxe, Friedman, Williams and Malone, JJ., concur.
Subsequent to the order appealed from, defendant, in a holdover proceeding brought by the person who purchased defendant's condominium unit at the foreclosure sale, consented to a final judgment of possession in favor of the purchaser. To permit defendant to vacate the foreclosure would undermine that consent judgment. We will not countenance such a result ( see Farm Crest Packing Corp. v. Milner, 30 AD2d 316; see also Canfield v. Harris Co., 252 NY 502, 504).