PISANI v. COMINGER

Order, Supreme Court, Bronx County, entered August 10, 1970, granting plaintiff's motion for a writ of assistance and directing the Sheriff to put plaintiff in possession of tenant's rent-controlled apartment, unanimously reversed, on the law, and the motion is denied, without costs and without disbursements. As the law stands presently, a judgment of foreclosure does not abate a tenant's protection or rights given his position by the rent laws. ( Drury v. Sidney Davies, Inc., 116 N.Y.S.2d 118; Presprop Corp. v. Riveredge Holding Corp., 73 N.Y.S.2d 808; see, also, Stern v. Equitable Trust Co., 238 N.Y. 267.) The plaintiff's remedies lie elsewhere than with the Sheriff.

Concur — Stevens, P.J., Capozzoli, McGivern, Kupferman and Tilzer, JJ.