RPAPL 1371(2) specifies, in pertinent part, as follows: "Simultaneously with the making of a motion for an order confirming the sale, . . . the party to whom [a deficiency] shall be owing may make a motion in the action for leave to enter a deficiency judgment upon notice to the party against whom such judgment is sought or the attorney who shall have appeared for such party in such action. Such notice shall be served personally or in such other manner as the court may direct."
Here, the plaintiff's electronic filing of the motion papers on the New York State Courts Electronic Filing System did not constitute proper service in accordance with RPAPL 1371(2). This constitutes a complete bar to the entry of a deficiency judgment.
11-36 31st Ave. Lender, LLC v. RM Newman, LLC, NY Slip Op 05151 (2d Dep't September 2, 2026)
