Where a judgment of foreclosure and sale is reversed on appeal, the successful appellant may seek restitution of the real property lost by the judgment, pursuant to CPLR 5015[d] and 5523. However, where the real property was sold pursuant to the judgment of foreclosure and sale, and the title is held by a purchaser in good faith and for value, recovery is limited to the value of the real property. In the absence of a stay of the sale or an outstanding notice of pendency, title of the purchaser in good faith and for value is insulated from the effects of an appellate reversal.
Puretz v. Mae, NY Slip Op 06227 (2d Dep't December 11, 2024)
