Board of Managers of Shorehaven Condominium v. Pina

— Order, Supreme Court, Bronx County (Robert E. Torres, J.), entered October 19, 2011, which, insofar as appealed from, denied the motion of nonparty Amit Louzon seeking, inter alia, to direct the return of his deposit paid at a foreclosure auction, unanimously affirmed, without costs.

The court properly denied Louzon’s motion, since he did not perform at the scheduled closing, thereby defaulting under the clear terms of sale that he had agreed to. Under these clear terms, plaintiff made no representations or warranties with respect to the marketability and insurability of title, or to…