Wells Fargo Bank v. Carney

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered July 9, 2007, which, insofar as appealed from as limited by the briefs, denied defendant Denise Carney’s motion to vacate a judgment of foreclosure and sale, unanimously affirmed, without costs.

The court properly found that there was no fraud, collusion, mistake, or misconduct that would permit it to set aside a sale of foreclosure in the absence of compliance with the requirements of RPAPL 1341 (see NYCTL 1996-1 Trust v LFJ Realty Corp., 307 AD2d 957 [2003], lv dismissed 1 NY3d 622 [2004]). Carney’s contention that…