Appeal from a final judgment of the Civil Court of the City of New York, Queens County (Pierre Binga Turner, J.), entered February 25, 2005. The final judgment, insofar as appealed from, after a nonjury trial, awarded possession to petitioner against Frank Thompson in a summary proceeding brought pursuant to RPAPL 713 (5).

Final judgment, insofar as appealed from, affirmed without costs.

The court below properly entered a final judgment of possession in favor of petitioner in this summary proceeding, which was brought following petitioner's acquisition of the subject property, a one-family house, through foreclosure and sale (see RPAPL 713 [5]). Any interest in the property that occupant Frank Thompson may have possessed was terminated in the foreclosure action in Supreme Court, Queens County, and the judgment of foreclosure and sale was final as to all issues and defenses that might have been litigated in the foreclosure action (see Cherico v Bank of New York, 211 AD2d 961 [1995]). All avenues of appeal of Supreme Court's determinations in the foreclosure action have been exhausted, and the Supreme Court's determination is not subject to collateral attack in the Civil Court. Since there is no claim that petitioner failed to make out its prima facie case in this [*2]proceeding, no basis is shown to disturb the final judgment entered in petitioner's favor.

The occupant's remaining contentions, which deal with claims made on occupant's post-judgment motions, are not properly brought up for review on this appeal from the final judgment.
Decision Date: February 7, 2007