New York Supreme and/or Appellate Courts Appellate Division, First Department
October 16, 2012
LENDERS CAPITAL LLC,
RANU REALTY CORP., ET AL.,
NEW YORK STATE DEPARTMENT OF TAXATION & FINANCE, ET AL.,
Lenders Capital LLC v Ranu Realty Corp.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on October 16, 2012
Tom, J.P., Mazzarelli, Andrias, DeGrasse, Roman, JJ.
Order, Supreme Court, Bronx County (Stanley Green, J.), entered April 6, 2011, which, in this mortgage foreclosure action, to the extent appealed from, granted the motion of defendants Ranu Realty Corp. and Azizur Rahman to vacate the foreclosure sale, and denied intervenor-appellant's cross motion to direct the referee to complete the sale, unanimously reversed, on the law and facts, defendants' motion denied and intervenor's cross motion granted, without costs.
The motion court erred in finding that a stay was in effect at the time of the foreclosure sale and that the sale was a nullity. Even assuming that, about two hours before the sale took place, the referee's office had been served with the order to show cause staying the sale, the record demonstrates that defendants failed to comply strictly with the methods of service provided for in the order to show cause and failed to present proof of service on the return date of the motion (see Kue Mee Realty Corp. v Louie, 295 AD2d 263 [1st Dept 2002]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 16, 2012
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