Citibank, N.A. v. Grant
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 appeals from an order of the Supreme Court, Kings County (Barros, J.), dated September 8, 2004, which, after a hearing, denied his motion, inter alia, to vacate the foreclosure sale.
Ordered that the order is affirmed, without costs or disbursements.
The defendant failed to adduce any proof that at the time this foreclosure action was commenced, or when the property was ultimately sold in 2002 pursuant to a judgment of foreclosure, he was known, or should have been known, to be an incompetent incapable of protecting his own interests.…
2Cases cited7 opinions
- Covey v. Town of SomersSupreme Court of the United States · 1956
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Mutual Life Ins. Co. v. . HuntNew York Court of Appeals · 1880
- Barone v. CoxAppellate Division of the Supreme Court of the State of New York · 1976
- Blum v. StoneAppellate Division of the Supreme Court of the State of New York · 1987
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3Cited by2 opinions
- NYCTL 2005-A Trust v. 2137-2153 Nostrand Avenue Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 2010
- THOMPSON, ERNEST P. v. NAISH, TINA M.Appellate Division of the Supreme Court of the State of New York · 2012