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Citizens Savings Bank, Respondent, v. Milo Equities, Ltd., et al., Defendants, and Leonard Horwitz et al., Appellants

New York Supreme Court, Appellate Division2001-10-15
287 A.D.2d 533731 N.Y.S.2d 642

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Opinion

majority opinion

—In an action to foreclose a mortgage, the defendants Leonard Horwitz and Marjorie Horwitz appeal from an order of the Supreme Court, Dutchess County (Beisner, J.), dated May 16, 2000, which granted the plaintiff’s motion for a deficiency judgment.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff was entitled to a deficiency judgment (see, RPAPL 1371). The equitable considerations raised by the appellants do not warrant a modification of the deficiency judgment (see, Trustco Bank, Natl. Assn. v Sack, 270 AD2d 252; cf., Aetna Life Ins. Co. v Avalon Orchards, 118 AD2d 297). O’Brien, J. P., Friedmann, Smith and Cozier, JJ., concur.