Chase Manhattan Mortgage Corp. v. Gonzalez

Appellate Division of the Supreme Court of New York

Chase Manhattan Mortgage Corp. v. Gonzalez

309 A.D.2d 727, 765 N.Y.S.2d 268, 2003 N.Y. App. Div. LEXIS 10443

Appellate Division of the Supreme Court of the State of New York·Decided October 6, 2003·Published

Opinion

In an action to foreclose a mortgage, the defendant Christopher Gonzalez appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated November 19, 2001, which denied his motion, inter alia, to vacate and set aside a foreclosure sale held on June 18, 2001.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, no basis exists to vacate and set aside the foreclosure sale either pursuant to CPLR 2003 or on the ground of fraud (see Liberty Sav. Bank, FSB v Knab, 281 AD2d 602 [2001]). Accordingly, the motion was properly denied. Florio, J.P., Krausman, Luciano, Townes and Rivera, JJ., concur.

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In an action to foreclose a mortgage, the defendant Christopher Gonzalez appeals from an order of the Supreme Court, Nassau County (Davis, J.), dated November 19, 2001, which denied his motion, inter alia, to vacate and set aside a foreclosure sale held on June 18, 2001.

Ordered that the order is affirmed, with costs.

Contrary to the appellant’s contention, no basis exists to vacate and set aside the foreclosure sale either pursuant to CPLR 2003 or on the ground of fraud (see Liberty Sav. Bank, FSB v Knab, 281 AD2d 602 [2001]). Accordingly, the motion was properly denied. Florio, J.P., Krausman, Luciano, Townes and Rivera, JJ., concur.

Chase Manhattan Mortgage Corp. v. Gonzalez, 309 A.D.2d 727, 765 N.Y.S.2d 268, 2003 N.Y. App. Div. LEXIS 10443 (N.Y. Ct. App. 2003).

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