Manufacturers & Traders Trust Co. v. Myers
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Rose, J. Appeal from an order of the County Court of Tompkins County (Sherman, J.), entered May 3, 2006, which, inter alia, in a proceeding pursuant to RPAPL article 7, partially granted petitioner’s motion for summary judgment.
After successfully prosecuting a mortgage foreclosure action against respondents and purchasing the subject property at the foreclosure sale, petitioner commenced this proceeding to obtain possession of the property pursuant to RPAPL 713 (5). Ultimately, Town Court denied petitioner’s summary judgment motion and effectively dismissed the proceeding, concluding that…
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