Court of Appeals of New York

Deficiency judgment against defendants following foreclosure and sale of property was proper, where: 1) generally a deed is presumed to have been delivered and accepted at its date; 2) here, opposing evidence sufficient to rebut any presumption of delivery in May 2010 existed, because plaintiff's attorney twice declined to accept or retain physical possession of the referee's deed dated May 11, 2010, the referee took back the deed and other closing documents and ultimately executed a deed on August 9, 2010, when plaintiff's attorney then accepted it; and thus, 3) plaintiff's motion for a deficiency judgment was timely because it was brought within 90 days after the date of the consummation of the sale by the delivery of the proper deed of conveyance to the purchaser, i.e. August 9, 2010.

Appellate Information

• Decided 03/26/2013
• Published 03/26/2013

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• Court of Appeals of New York

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