| Maspeth Fed. Sav. & Loan Assn. v Bah |
| 2006 NY Slip Op 05132 [30 AD3d 316] |
| June 27, 2006 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Maspeth Federal Savings and Loan Association, Respondent, v Hassane Bah, Appellant, and Board of Managers of the Parkchester North Condominium, Respondent, et al., Defendants. Ashraf Khan, Nonparty Respondent. |
—[*1]Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 17, 2005, which denied defendant-appellant's application to vacate a default foreclosure judgment and void a referee's sale, unanimously affirmed, with costs.
Subsequent to the order appealed from, defendant, in a holdover proceeding brought by the person who purchased defendant's condominium unit at the foreclosure sale, consented to a final judgment of possession in favor of the purchaser. To permit defendant to vacate the [*2]foreclosure would undermine that consent judgment. We will not countenance such a result (see Farm Crest Packing Corp. v Milner, 30 AD2d 316 [1968]; see also Canfield v Harris & Co., 252 NY 502, 504 [1930]). Concur—Buckley, P.J., Saxe, Friedman, Williams and Malone, JJ.