FEDERAL HOME LOAN MORTGAGE CORPORATION v. MCGIBNEY (2018)

ORDERED that the order is affirmed, without costs.

In this summary proceeding by a purchaser in foreclosure (see RPAPL 713 [5] ), occupants James McGibney & Carole McGibney (appellants) were served at the premises with a 10-day notice to quit with an attached certified copy of the referee's deed by conspicuous place service (see RPAPL 713 [5]; 735). After appellants moved for summary judgment dismissing the petition, the parties stipulated to all the facts and agreed that the only issue remaining was whether conspicuous-place service can satisfy the “exhibition” requirement of RPAPL 713 (5). The Justice Court held that the referee's deed had been properly “exhibited” to appellants and denied their motion.

The Appellate Term for the Second, Eleventh and Thirteenth Judicial Districts has recently held in Plotch v. Dellis (60 Misc 3d 1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018] ) that service of a certified copy of a deed by means other than personal delivery satisfies the exhibition requirement of RPAPL 713 (5). For the reasons set forth in Plotch, we agree with the Justice Court's determination that the referee's deed was properly “exhibited” to appellants.

Accordingly, the order is affirmed.

MARANO, P.J., GARGUILO and BRANDS, JJ., concur.