PII Sam, LLC v. Mazzurco
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 Vincent Mazzurco appeals from an order of the Supreme Court, Queens County (Strauss, J.), dated *974October 25, 2011, which denied his motion to set aside the foreclosure sale of the subject property.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the appellant’s motion to set aside the foreclosure sale without conducting a hearing because the appellant failed to establish that the sale violated RPAPL 231 (4) such that a substantial right of a party was prejudiced (see Johnson v 1476-A Fulton St. Corp., 84 AD3d…
2Cases cited3 opinions
- Matrix Financial Services Corp. v. McKiernanAppellate Division of the Supreme Court of the State of New York · 2004
- Meade v. JD Venture Capital, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Johnson v. 1476-A Fulton Street Corp.Appellate Division of the Supreme Court of the State of New York · 2011