Opinion
June 5, 1989
Appeal from the Supreme Court, Queens County (Bambrick, J.).
Ordered the order is affirmed insofar as appealed from, with costs.
A judgment of foreclosure and sale was entered against the appellant's assignor on March 12, 1985. Thereafter, the plaintiff's assignor agreed to forgo execution of the judgment and to pay the carrying charges on the premises in exchange for exclusive use and occupancy of the premises. The appellant contends that the plaintiff's assignor breached its agreement to pay the carrying charges on the premises, and that she should be permitted to offset against the amount due on the mortgage the amount allegedly due to her as a result of the plaintiff's assignor's breach.
Generally, as between the parties to a mortgage and their assignees, a judgment of foreclosure is conclusive as to the amount of the mortgagee's lien on the premises (Grady v. Utica Mut. Ins. Co., 69 A.D.2d 668). A judgment of foreclosure and sale entered against a defendant is final as to all questions at issue between the parties (Gray v. Bankers Trust Co., 82 A.D.2d 168, lv denied 58 N.Y.2d 604). Accordingly, the Supreme Court correctly determined that the defendant Lourdes Burrows was not entitled to an offset against the amount due on the mortgage. Mollen, P.J., Mangano, Kunzeman and Balletta, JJ., concur.