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PII Sam, LLC v. Mazzurco

Supreme Court of New York, Second Department

May 22, 2013

PII Sam, LLC, respondent,
v.
Vincent Mazzurco, appellant, et al., defendants. Harvey Sorid, Uniondale, N.Y. (Melissa Montenes of counsel), for appellant. Index No. 5297/07

Deutsch & Schneider, LLP, Glendale, N.Y. (William J. Fielding of counsel), for respondent.

RANDALL T. ENG, P.J. REINALDO E. RIVERA DANIEL D. ANGIOLILLO RUTH C. BALKIN, JJ.

DECISION & ORDER

In an action to foreclose a mortgage, the defendant Vincent Mazzurco appeals from an order of the Supreme Court, Queens County (Strauss, J.), dated October 25, 2011, which denied his motion to set aside the foreclosure sale of the subject property.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion to set aside the foreclosure sale without conducting a hearing because the appellant failed to establish that the sale violated RPAPL 231(4) such that a substantial right of a party was prejudiced (see Johnson v 1476-A Fulton St. Corp., 84 A.D.3d 1316; Matrix Fin. Servs. Corp. v McKiernan, 13 A.D.3d 344, 344; cf. Meade v JD Venture Capital, LLC, 38 A.D.3d 858, 859).

ENG, P.J., RIVERA, ANGIOLILLO and BALKIN, JJ., concur.


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