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Dynamic v. Salerno

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 2009
64 A.D.3d 745 (N.Y. App. Div. 2009)

Opinion

No. 2009-00219.

July 28, 2009.

In an action to foreclose a tax lien, the defendant REO Properties Corp., assignee of Mortgage Electronic Registration Systems, Inc., as nominee for Fremont Investment and Loan, appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated November 6, 2008, which denied its motion to set aside a foreclosure sale conducted on June 5, 2008.

Peter T. Roach and Associates, P.C., Syosset, N.Y. (Jonathan I. Ullmann of counsel), for appellant.

Barry Nesson, Scarsdale, N.Y., for respondent. In an action to foreclose a tax lien, the defendant REO Properties Corp., assignee of.

Before: Spolzino, J.P., Angiolillo, Chambers and Hall, JJ., concur.


Ordered that the order is affirmed, with costs.

Contrary to the appellant's contention, the evidence in the record established that the plaintiff had standing to bring this action to foreclose a tax lien it purchased from the City of Yonkers. Further, the appellant failed to establish that the foreclosure sale price was unconscionably low ( see Polish Natl. Alliance of Brooklyn v White Eagle Hall Co., 98 AD2d 400, 408-409; Seidman v Industrial Recycling Props., Inc., 52 AD3d 678).

The appellant's remaining contentions are without merit.


Summaries of

Dynamic v. Salerno

Appellate Division of the Supreme Court of New York, Second Department
Jul 28, 2009
64 A.D.3d 745 (N.Y. App. Div. 2009)
Case details for

Dynamic v. Salerno

Case Details

Full title:DYNAMIC DWELLINGS, LLC, Respondent, v. JOANN SALERNO et al., Defendants…

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

Date published: Jul 28, 2009

Citations

64 A.D.3d 745 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 5997
882 N.Y.S.2d 658