In this foreclosure action, the IAS Court properly found that intervenor, as a good faith purchaser for value, is entitled to retain title to the premises purchased from the Referee prior to this Court's reversal of the judgment of foreclosure ( 212 A.D.2d 397), and that appellants, notwithstanding intervenor's knowledge at the foreclosure sale that an appeal was pending, are relegated to an action for money damages on their underlying debt as they failed to seek a stay of enforcement of the foreclosure sale (CPLR 5523; see, Da Silva v. Musso, 76 N.Y.2d 436; see also, 13 Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 6501.12). We have considered appellants' remaining arguments and find them to be without merit.
Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.