Plotch v. Kapco Indus

In Plotch v. Kapco Indus., (110 AD3d at 432) the Appellate Division, First Department, affirmed the dismissal of Plotch's complaint by which Plotch, the winning bidder in a foreclosure action commenced by a condominium board to recover unpaid common charges, sought to quiet title to the condominium unit. In unanimously affirming the dismissal of Plotch's complaint, the First Department specifically held that "the foreclosure proceeding's notice of sale, judgment of foreclosure and referee's deed expressly provided that the property at issue was being sold subject to the winning bidder's payment of defendant's mortgage lien, therefore, plaintiff is bound by those provisions"