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Plotch v. Kapco Industries, Inc.

Supreme Court of New York, First Department

October 1, 2013

Adam Plotch, Plaintiff-Appellant,
v.
Kapco Industries, Inc., et al., Defendants-Respondents.

Richard A. Klass, Brooklyn, for appellant.

Sweeney Gallo Reich & Bolz, LLP, Rego Park (Rashel M. Mehlman of counsel), for respondents.

Andrias, J.P., Sweeny, Acosta, Saxe, Clark, JJ.

Orders, Supreme Court, Bronx County (John A. Barone, J.), entered on or about August 23, 2012 and September 17, 2012, which, in this action to quiet title to a condominium unit, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiff, the winning bidder in a foreclosure action commenced by the condominium board to recover unpaid common charges, purchased the condominium unit subject to defendants' prior mortgage, which was reduced to a judgment lien. The foreclosure proceeding's notice of sale, judgment of foreclosure and referee's deed expressly provided that the property at issue was being sold subject to the winning bidder's payment of defendants' mortgage lien; therefore, plaintiff is bound by those provisions (see Grand Pac. Fin. Corp. v Ashkenazi, 108 A.D.3d 425 [1st Dept 2013]; Cashin v Simek, 59 A.D.3d 657, 658 [2d Dept 2009]).

We have considered plaintiff's remaining arguments and find them unavailing.


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