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UNITED CAPITAL CORP. v. LORRAINE ST. ASSOC

Appellate Division of the Supreme Court of New York, Second Department.
Jun 4, 1998
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Ordered that the order is affirmed, with costs.

It is well settled that the owner of the equity of redemption has a right to redeem at any time before an actual sale under a judgment of foreclosure ( see, Belsid Holding Corp. v. Dahm, 12 A.D.2d 499; see also, Bancplus Mtge. Corp. v. Galloway, 203 A.D.2d 222; Finance Inv. Co. v. Gossweiler, 145 A.D.2d 463; Polish Natl. Alliance v. White Eagle Hall Co., 98 A.D.2d 400; First Fed. Say. Loan Assn. v. Smith, 83 A.D.2d 601). Thus, the foreclosure sale which took place on March 4, 1997, extinguished, as a matter of law, the appellants' purported rights to redeem the subject property. Accordingly, the motion was properly denied.

Mangano, P. J., Thompson, Santucci and Altman, J.J., concur.