In Plotch v. Citibank, 25 NY3d 905, [2015]) Plotch was "the winning bidder in a foreclosure action commenced by a condominium board to recover unpaid common charges [who] purchased the subject condominium unit . . . in 2010 for the sum of $15,100" (120 AD3d at 1210). Plotch, thereafter, commenced an action for a judgment declaring that defendant's second mortgage lien on the condominium unit was extinguished pursuant to the condominium's judgment of foreclosure and sale because it was subordinate to the common charges lien, pursuant to RPAPL 339-z. The Appellate Division, Second Department, affirmed the denial of Plotch's summary judgment motion, granted the defendant bank's cross motion for summary judgment declaring that its consolidation agreement is the first mortgage of record against the property, pursuant to RPAPL 339-z, and held that "the statutory right to priority must be narrowly construed" (120 AD3d at 1211). Plotch's motion for leave to appeal was granted on May 5, 2015.