Option One Mortgage Corp. v. Daddi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In an action to foreclose a mortgage, the defendant Antonio Daddi appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), dated October 31, 2007, which denied his motion to set aside a judgment of foreclosure and sale of the same court (McCabe, J.), entered December 21, 2005, and the foreclosure sale conducted on September 26, 2006.
Ordered that the order is affirmed, with costs.
The appellant’s conduct and, inter alia, his stipulation of settlement, constituted a waiver of his purported defenses (see Calderock Joint Ventures, L.P. v Mitiku, 45 AD3d 452 [2007]; Matter of…
2Cases cited4 opinions
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Commercial Bank of Informatics & Computing Technique Development Bank Informtechnika v. OstashkoAppellate Division of the Supreme Court of the State of New York · 2000
- Lomando v. DuncanAppellate Division of the Supreme Court of the State of New York · 1999
- Calderock Joint Ventures, L.P. v. MitikuAppellate Division of the Supreme Court of the State of New York · 2007
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- Town of Carmel v. MelchnerAppellate Division of the Supreme Court of the State of New York · 2013