Bank of New York v. Love

Order, Supreme Court, Bronx County (Alan Saks, J.), entered April 5, 2002, insofar as it denied nonparty appellants’ motion to compel the Referee at a foreclosure sale to transfer the foreclosed property to them without charging them for unpaid taxes and other assessments, unanimously reversed, on the law, without costs, the transaction vacated as being inconsistent with the terms of the judgment of foreclosure, and the matter remanded for purposes of conducting a new auction.

Plaintiff Bank of New York was awarded a judgment of foreclosure and sale with regard to 153 West 175th Street in…