Opinion
2004-02365.
June 20, 2005.
In an action to foreclose a mortgage, the defendants appeal from an order of the Supreme Court, Rockland County (Sherwood, J.), dated March 8, 2004, which granted the plaintiff's motion for leave to enter a deficiency judgment against them in the principal sum of $1,454,555.83.
McAvoy Banta, New York, N.Y. (Eugene M. Banta of counsel), for appellants.
Bressler, Amery Ross, P.C., New York, N.Y. (David H. Pikus of counsel), for respondent.
Before: Adams, J.P., S. Miller, Ritter and Fisher, JJ., concur.
Ordered that the order is affirmed, with costs.
"[A] judgment of foreclosure and sale entered against a defendant is final as to all questions at issue between the parties, and all matters of defense which were or might have been litigated in the foreclosure action are concluded" ( Green Point Sav. Bank v. Clarke, 220 AD2d 384, 385 [internal quotation marks omitted]; Money Store of N.Y. v. Doner Holding Corp., 112 AD2d 284, 287; Gray v. Bankers Trust Co., 82 AD2d 168, 170-171). Since the defenses raised by the defendants in opposition to the motion for leave to enter a deficiency judgment should have been raised before the judgment of foreclosure was entered, the court properly declined to entertain these arguments ( cf. National Loan Invs. v. Goertzel, 251 AD2d 639).
The parties' remaining contentions are without merit.