Opinion
6381.
June 21, 2005.
Order, Supreme Court, New York County (Richard F. Braun, J.), entered May 24, 2004, which, in a surplus money proceeding, inter alia, denied the cross motion by the assignee of the second mortgagee to pay it the surplus, unanimously affirmed, without costs.
Anthony J. DeVincenzo, Purchase, for appellant.
Andrew M. Tilem, Brooklyn, for respondent.
Before: Mazzarelli, J.P., Friedman, Sullivan, Williams and Gonzalez, JJ.
Defendant Blake's claim was untimely (CPLR 213; Greenpoint Sav. Bank v. Kijik, 297 AD2d 359; see also Island Holding v. O'Brien, 6 AD3d 498, lv denied 4 NY3d 701). Its attempt to distinguish Kijik is not supported by the record. The failure to notice the foreclosure plaintiffs, as required under RPAPL 1361, was more than a mere irregularity.