Legal Opinion
Fidelity Bond & Mortgage Co. v. Lucas
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1987PublishedCited by 4 opinions
1Opinion of the Court
— In an action to foreclose a mortgage, the defendant Arlene Lucas appeals from an order of the Supreme Court, Westchester County (Buell, J.), dated July 14, 1986, which denied her motion to set aside the sale and granted the plaintiffs cross motion to confirm the Referee’s report.
Ordered that the order is affirmed, with one bill of costs payable to Robert A. Karas, Jean F. Karas, and Eve Bunting, appearing separately and filing separate briefs.
The failure to move to confirm a Referee’s report within the time period prescribed by RPAPL 1355 (2) is a mere irregularity which, in the absence of…
2Cases cited2 opinions
- Dime Savings Bank v. ShermanNew York Supreme Court · 1970
- Sibley Realty Corp. v. SchwabNew York Supreme Court · 1958
3Cited by4 opinions
- Washington Mutual Home Loans, Inc. v. JonesAppellate Division of the Supreme Court of the State of New York · 2006
- Citibank, N. A. v. SchimkusAppellate Division of the Supreme Court of the State of New York · 1996
- Associated Financial Services, Inc. v. DavisAppellate Division of the Supreme Court of the State of New York · 1992
- Chemical Mortgage Co. v. CollierAppellate Division of the Supreme Court of the State of New York · 1996