Legal Opinion

State of New York Mortgage Agency v. Hinze

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

Decided June 3, 2002Published

1Opinion of the Court

—In an action to foreclose a mortgage, Michael R. Zotos appeals from an order of the Supreme Court, Suffolk County (Berler, J.), dated January 8, 2002, which denied his motion, inter alia, to set aside the sale of the subject premises to the plaintiff as void, and for a determination that he was the successful bidder at the foreclosure sale.

Ordered that the order is affirmed, with costs.

The appellant failed to establish the existence of fraud, collusion, mistake, or misconduct as to warrant vacatur of the foreclosure sale and transfer of the premises to him (see Provident Sav. Bank v Bordes,…

2Cases cited3 opinions

  1. Provident Savings Bank, F.A. v. BordesAppellate Division of the Supreme Court of the State of New York · 1997
  2. Citicorp Mortgage, Inc. v. StrongAppellate Division of the Supreme Court of the State of New York · 1996
  3. Green Point Savings Bank v. KandelAppellate Division of the Supreme Court of the State of New York · 1996

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