Federal National Mortgage Ass'n v. Nittoli

—Order, Supreme Court, New York County (Beverly Cohen, J.), entered September 30, 1997, which denied appellant successful bidders’ motion to set aside a foreclosure sale and compel return of their down payment deposited with the Referee, unanimously affirmed, with costs.

Sale of the premises subject to unpaid taxes and assessments was not a violation of RPAPL 1354 (2) since the judgment of foreclosure so provided. Even if it were such a violation, appellants had notice of such condition and therefore cannot claim prejudice (RPAPL 231 [6]; cf., Aaron v Kent, 182 AD2d 960). Nor should the sale…