Legal Opinion

Empire of America Credit Corp. v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided July 25, 1994PublishedCited by 1 opinion

1Opinion of the Court

In an action to foreclose a mortgage, the defendant Beneficial Homeowner Service Corporation appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered February 19, 1993, which denied its motion to vacate and set aside the foreclosure sale.

Ordered that the order is affirmed, with one bill of costs.

*503The court did not err in refusing to vacate the foreclosure sale (see, Guardian Loan Co. v Early, 47 NY2d 515; Glenville & 110 Corp. v Tortora, 137 AD2d 654; Weil v Cerrato, 129 Misc 2d 1105). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

2Cases cited3 opinions

  1. Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
  2. Glenville & 110 Corp. v. TortoraAppellate Division of the Supreme Court of the State of New York · 1988
  3. Weil v. CerratoNew York Supreme Court · 1985

3Cited by1 opinion

  1. Citibank, N. A. v. TocciAppellate Division of the Supreme Court of the State of New York · 1996