Harbor Financial Mortgage Corp. v. Hurry
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Rumsey, J.), entered April 6, 2000 in Madison County, which denied plaintiffs motion to, inter alia, vacate a foreclosure sale.
Plaintiff obtained a judgment of foreclosure of a mortgage directing a sale of defendants’ real property. The sale was scheduled and advertised by the court-appointed Referee for 10:00 a.m. on Friday, October 15, 1999. Thirty minutes prior to the sale, plaintiffs counsel telephoned the Referee’s office and left a message “cancelling the sale.” The Referee, however, had already left his office and did not get the message.…
2Cases cited11 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PlcNew York Court of Appeals · 1999
- Crossland Mortgage Corp. v. FrankelAppellate Division of the Supreme Court of the State of New York · 1993
- Dime Savings Bank of New York, FSB v. ZapalaAppellate Division of the Supreme Court of the State of New York · 1998
- Wacks v. KingAppellate Division of the Supreme Court of the State of New York · 1999
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