Preview
FILED: SUFFOLK COUNTY CLERK 02/10/2022 05:13 PM INDEX NO. 600922/2015
NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 02/10/2022
EXHIBIT B
FILED: SUFFOLK COUNTY CLERK 02/10/2022 05:13 PM INDEX NO. 600922/2015
NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 02/10/2022
§ 1351. Judgment of sale,McKinney's RPAPL § 1351
New York Statutes Annotated -
2016
McKinney's Consolidated Laws of New York Annotated
Real Property Actions and Proceedings Law (Refs & Annos)
Chapter 81. Of the Consolidated Laws (Refs & Annos)
Article 13. Action to Foreclose a Mortgage (Refs & Annos) ____
McKinney's RPAPL § 1351
§ 1351. Judgment of sale
Currentness
1. The judgment shall direct that the mortgaged premises, or so much thereof as may be sufficient
to discharge the mortgage debt, the expenses of the sale and the costs of the action, and which
may be sold separately without material injury to the parties interested, be sold by or under the
direction of the sheriff of the county, or a referee.
2. Where the mortgage debt is not all due, and the mortgaged property is so circumstanced that it
can be sold in parcels without injury to the interests of the parties, the final judgment shall direct
that no more of the property be sold in the first place than is sufficient to satisfy the sum then due,
with the costs of the action and expenses of the sale. Upon a subsequent default in the payment
of principal or interest the plaintiff may apply for an order directing the sale of the residue, or of
so much thereof as is necessary to satisfy the amount then due, with the costs of the application
and the expenses of the sale. The plaintiff may apply for and obtain such an order as often as a
default happens. If itappears that the mortgaged property is so circumstanced that a sale of the
whole will be most beneficial to the parties, the final judgment may direct that the whole property
be sold discharged from the entire mortgage debt and that the proceeds of the sale, after deducting
the costs of the action and the expenses of the sale, be either applied to the satisfaction of the whole
sum secured by the mortgage, with such a rebate of interest as justice requires; or be first applied
to the payment of the sum due, and the balance, or so much thereof as isnecessary, be invested
at interest for the benefit of the plaintiff, to be paid to him from time to time as any part of the
principal or interest becomes due, or may, at the option of the mortgagee, direct that the whole
property be sold to satisfy the debt then due with the costs of the action and expenses of the sale,
subject to the continuing lien of the mortgage for the amount of the debt not then due and unpaid
according to its terms. The provisions of this section shall not limit or affect the plaintiffs right to
judgment and sale in an action specified in section 1315.
FILED: SUFFOLK COUNTY CLERK 02/10/2022 05:13 PM INDEX NO. 600922/2015
NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 02/10/2022
§ 1351. Judgment of sale,McKinney's RPAPL § 1351
3. If it appears to the satisfaction of the court that there exists no more than one other mortgage
premisisl
on the which is then due and which is subordinate only to the plaintiffs mortgage but
is entitled to priority over allother liens and encumbrances except those described in subdivision
2 of section 1354, upon motion of the holder of such mortgage made without valid objection of
any other party, the final judgment may direct payment of the subordinate mortgage debt from the
proceeds in accordance with subdivision 3 of section 1354.
Credits
(Added L.1962, c. 312, § 27. Amended L.1982, c. 364, § 1.)
HISTORICAL AND STATUTORY NOTES
L.1982, c. 364 legislation
Subd. 3. L.1982, c. 364, § 1, eff. June 21, 1982, added subd. 3.
Derivation
C.P.A., 1920, §§ 1082, 1086, and R.C.P. 259.
Section 1082, amended L.1925, c. 510; L.1930, c. 486; L.1931, c. 652; L.1939, c. 359; L.1941, c.
711, and repealed by CPLR 10001, was from C.C.P., 1876, § 1626; originally revised from R.S.,
pt. 3, c. 1, tit.2, § 151.
Section 1086, amended L.1927, c. 683; L.1936, c. 838, and repealed by CPLR 10001, was from
C.C.P., 1876, §§ 1636, 1637; originally revised from R.S., pt. 3, c. 1, tit.2, §§ 163 to 166.
R.C.P. 259 was repealed by CPLR 10002.
SUPPLEMENTARY PRACTICE COMMENTARIES
byRudolph de Winter
2013
In settlement of an action in which the petitioner in the instant proceeding had accused
its employee and another (here, collectively the respondents) of embezzling at least
wesn AW WMason Reuters. No chim to or nd S G ammmed W0As
Preview
FILED: SUFFOLK COUNTY CLERK 02/10/2022 05:13 PM INDEX NO. 600922/2015 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 02/10/2022 EXHIBIT B FILED: SUFFOLK COUNTY CLERK 02/10/2022 05:13 PM INDEX NO. 600922/2015 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 02/10/2022 § 1351. Judgment of sale,McKinney's RPAPL § 1351 New York Statutes Annotated - 2016 McKinney's Consolidated Laws of New York Annotated Real Property Actions and Proceedings Law (Refs & Annos) Chapter 81. Of the Consolidated Laws (Refs & Annos) Article 13. Action to Foreclose a Mortgage (Refs & Annos) ____ McKinney's RPAPL § 1351 § 1351. Judgment of sale Currentness 1. The judgment shall direct that the mortgaged premises, or so much thereof as may be sufficient to discharge the mortgage debt, the expenses of the sale and the costs of the action, and which may be sold separately without material injury to the parties interested, be sold by or under the direction of the sheriff of the county, or a referee. 2. Where the mortgage debt is not all due, and the mortgaged property is so circumstanced that it can be sold in parcels without injury to the interests of the parties, the final judgment shall direct that no more of the property be sold in the first place than is sufficient to satisfy the sum then due, with the costs of the action and expenses of the sale. Upon a subsequent default in the payment of principal or interest the plaintiff may apply for an order directing the sale of the residue, or of so much thereof as is necessary to satisfy the amount then due, with the costs of the application and the expenses of the sale. The plaintiff may apply for and obtain such an order as often as a default happens. If itappears that the mortgaged property is so circumstanced that a sale of the whole will be most beneficial to the parties, the final judgment may direct that the whole property be sold discharged from the entire mortgage debt and that the proceeds of the sale, after deducting the costs of the action and the expenses of the sale, be either applied to the satisfaction of the whole sum secured by the mortgage, with such a rebate of interest as justice requires; or be first applied to the payment of the sum due, and the balance, or so much thereof as isnecessary, be invested at interest for the benefit of the plaintiff, to be paid to him from time to time as any part of the principal or interest becomes due, or may, at the option of the mortgagee, direct that the whole property be sold to satisfy the debt then due with the costs of the action and expenses of the sale, subject to the continuing lien of the mortgage for the amount of the debt not then due and unpaid according to its terms. The provisions of this section shall not limit or affect the plaintiffs right to judgment and sale in an action specified in section 1315. FILED: SUFFOLK COUNTY CLERK 02/10/2022 05:13 PM INDEX NO. 600922/2015 NYSCEF DOC. NO. 152 RECEIVED NYSCEF: 02/10/2022 § 1351. Judgment of sale,McKinney's RPAPL § 1351 3. If it appears to the satisfaction of the court that there exists no more than one other mortgage premisisl on the which is then due and which is subordinate only to the plaintiffs mortgage but is entitled to priority over allother liens and encumbrances except those described in subdivision 2 of section 1354, upon motion of the holder of such mortgage made without valid objection of any other party, the final judgment may direct payment of the subordinate mortgage debt from the proceeds in accordance with subdivision 3 of section 1354. Credits (Added L.1962, c. 312, § 27. Amended L.1982, c. 364, § 1.) HISTORICAL AND STATUTORY NOTES L.1982, c. 364 legislation Subd. 3. L.1982, c. 364, § 1, eff. June 21, 1982, added subd. 3. Derivation C.P.A., 1920, §§ 1082, 1086, and R.C.P. 259. Section 1082, amended L.1925, c. 510; L.1930, c. 486; L.1931, c. 652; L.1939, c. 359; L.1941, c. 711, and repealed by CPLR 10001, was from C.C.P., 1876, § 1626; originally revised from R.S., pt. 3, c. 1, tit.2, § 151. Section 1086, amended L.1927, c. 683; L.1936, c. 838, and repealed by CPLR 10001, was from C.C.P., 1876, §§ 1636, 1637; originally revised from R.S., pt. 3, c. 1, tit.2, §§ 163 to 166. R.C.P. 259 was repealed by CPLR 10002. SUPPLEMENTARY PRACTICE COMMENTARIES byRudolph de Winter 2013 In settlement of an action in which the petitioner in the instant proceeding had accused its employee and another (here, collectively the respondents) of embezzling at least wesn AW WMason Reuters. No chim to or nd S G ammmed W0As