Wells Fargo Home Mortgage, Inc. v. Mercer

In an action to foreclose a mortgage, Shameena Chowdury appeals from an order of the Supreme Court, Kings County (Steinhardt, J.), dated May 24, 2004, which denied his motion to compel the referee Robert Sgarlato to close title to the subject property with him based on the terms of a memorandum of sale he entered into with the referee. Presiding Justice Prudenti has been substituted for former Justice Luciano (22 NYCRR 670.1 [c]).

Ordered that the order is affirmed, with costs.

Shameena Chowdury, the nonparty appellant, made the highest bid at a foreclosure sale held on November 19, 2003,…