CONTIMORTGAGE CORP v. NY (2005)

In an action to foreclose a mortgage, Sprint Equities (N.Y.), Inc., appeals from an order of the Supreme Court, Kings County (Archer, J.H.O.), dated January 3, 2005, which, after a hearing, in effect, denied its motion to stay the transfer of a referee's deed to the purchaser of the subject property at a foreclosure sale.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly determined that no contract existed between the plaintiff and the nonparty-appellant.   The offer of a pay-off agreement by the plaintiff to the nonparty-appellant, which was referred to as an “addendum” stated that “this addendum must be signed and returned ․ by 10/8/1999 or this agreement is void” (emphasis in original).   The nonparty-appellant neither obtained the necessary signatures nor returned the “addendum” to the plaintiff.   Accordingly, the Supreme Court properly, in effect, denied the motion of the nonparty-appellant to stay the transfer of the referee's deed to the purchaser of the subject property at the foreclosure sale.