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Aubrey Equities, Inc. v. Goldberg

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 1998
247 A.D.2d 253 (N.Y. App. Div. 1998)

Opinion

February 10, 1998

Appeal from the Supreme Court, New York County (Walter Tolub, J.).


In this foreclosure action, the IAS Court properly found that intervenor, as a good faith purchaser for value, is entitled to retain title to the premises purchased from the Referee prior to this Court's reversal of the judgment of foreclosure ( 212 A.D.2d 397), and that appellants, notwithstanding intervenor's knowledge at the foreclosure sale that an appeal was pending, are relegated to an action for money damages on their underlying debt as they failed to seek a stay of enforcement of the foreclosure sale (CPLR 5523; see, Da Silva v. Musso, 76 N.Y.2d 436; see also, 13 Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 6501.12). We have considered appellants' remaining arguments and find them to be without merit.

Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.


Summaries of

Aubrey Equities, Inc. v. Goldberg

Appellate Division of the Supreme Court of New York, First Department
Feb 10, 1998
247 A.D.2d 253 (N.Y. App. Div. 1998)
Case details for

Aubrey Equities, Inc. v. Goldberg

Case Details

Full title:AUBREY EQUITIES, INC., Plaintiff, and DAFFODIL PURCHASING CORP.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 10, 1998

Citations

247 A.D.2d 253 (N.Y. App. Div. 1998)
668 N.Y.S.2d 598

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