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HARBOR FINANCIAL MORTGAGE CORPORATION v. HURRY

277 A.D.2d 693 (2000)

715 N.Y.S.2d 121

HARBOR FINANCIAL MORTGAGE CORPORATION, Appellant, v. WILLIAM R. HURRY et al., Defendants. MICHAEL BORDELL, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 16, 2000.

Rose, J.

Plaintiff obtained a judgment of foreclosure of a mortgage directing a sale of defendants' real property. The sale was scheduled and advertised by the court-appointed Referee for 10:00 A.M. on Friday, October 15, 1999. Thirty minutes prior to the sale, plaintiff's counsel telephoned the Referee's office and left a message "cancelling the sale." The Referee, however, had already left his office and did not get the message. Apparently assuming that the Referee...

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