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LONG ISLAND SAVINGS BANK v. MIHALIOS

Appellate Division of the Supreme Court of New York, Second Department.
Feb 24, 2000
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

A judgment of foreclosure and sale entered against a defendant is final as to all questions at issue between the parties, and concludes all matters of defense which were or might have been litigated in the foreclosure action (see, Citicorp Mtge. v. Strong, 227 A.D.2d 818 ; Beube v. English, 206 A.D.2d 339 ; Valdez v. Garcia, 151 A.D.2d 471 ; Farmers' Prod. Credit Assn. of Olean v. Feinen Bros., 144 A.D.2d 955 ).

Accordingly, the defendants are barred from now raising usury as a defense to this action since they could have asserted such defense at an earlier time, but failed to do so.

The defendants' remaining contentions are without merit.