Portnoy v. Hill

In this action to foreclose a second mortgage on certain real property in the borough of Brooklyn defendant Hill, the owner of the equity of redemption, moves to vacate and set aside the Referee’s sale and to direct a resale.

The grounds upon which this motion is predicated are that: 1. The notice of sale of the Referee failed to state the amount of the first mortgage lien to which the property was being sold subject. 2. The Referee and auctioneer did not declare at the sale the amount of the first mortgage lien as required under the provisions of section 986 of the Civil Practice Act. 3. The…