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OPTION ONE MORTGAGE CORP. v. DADDI

Appellate Division of the Supreme Court of New York, Second Department.
Mar 24, 2009
Important Paras
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Ordered that the order is affirmed, with costs.

The appellant's conduct and, inter alia, his stipulation of settlement, constituted a waiver of his purported defenses ( see Calderock Joint Ventures, L.P. v Mitiku, 45 AD3d 452; Matter of Commercial Bank of Informatics Computing Technique Dev. Bank Informtechnika v Ostashko, 274 AD2d 516; Lomando v Duncan, 257 AD2d 649).

Since there is no allegation that the plaintiff sought a deficiency judgment against the appellant, it cannot be said that the plaintiffs bid for the property at the foreclosure sale was unconscionably low ( see Polish Natl. Alliance of Brooklyn v White Eagle Hall Co., 98 AD2d 400, 407).

The appellant's remaining contentions are without merit or need not be reached in light of our determination.