Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05320
NYCTL 2011-A Trust v 249 Brighton Corp.
Read the official decision: 2026 NY Slip Op 05320
Holding The court held that a contract vendee’s equitable lien on surplus funds from a foreclosure sale is limited to the amount of the down payment made. Consequently, the distribution of surplus funds to the nonparty-respondent was reduced to $100,000, and the matter was remitted for further proceedings regarding the remaining funds.
The court’s words
the execution of a contract for the purchase of real estate and the making of a part payment gives a contract vendee equitable title to the property and an equitable lien in the amount of the payment
2026 NY Slip Op 05320, at the official text
only those judgments and liens which existed upon the property at the time of the . . . sale constitute liens against the surplus moneys
2026 NY Slip Op 05320, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05320 |
| Area of law | Real Property |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05320 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 560 |
Recommended citation
ESQ HQ, New York Law Watch, NYCTL 2011-A Trust v 249 Brighton Corp., 2026 NY Slip Op 05320 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05320/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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