Opinion
Argued January 3, 2000
February 24, 2000
In an action to foreclose a mortgage, the defendants appeal from an order of the Supreme Court, Queens County (Price, J.), dated November 12, 1998, which denied their motion, inter alia, to set aside the foreclosure sale.
Marcus Associates, P.C., Astoria, N.Y. (Mark Marcus of counsel), for appellants.
Harry Zubli, Great Neck, N.Y. (Alexander Potruch and Michael C. Daab of counsel), for respondent.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, DANIEL W. JOY and HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
A judgment of foreclosure and sale entered against a defendant is final as to all questions at issue between the parties, and concludes all matters of defense which were or might have been litigated in the foreclosure action (see, Citicorp Mtge. v. Strong, 227 A.D.2d 818 ; Beube v. English, 206 A.D.2d 339 ; Valdez v. Garcia, 151 A.D.2d 471 ; Farmers' Prod. Credit Assn. of Olean v. Feinen Bros., 144 A.D.2d 955).
Accordingly, the defendants are barred from now raising usury as a defense to this action since they could have asserted such defense at an earlier time, but failed to do so.
The defendants' remaining contentions are without merit.