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CITIMORTGAGE, INC. v. GIORDANO

16 A.D.3d 613 (2005)

791 N.Y.S.2d 454

CITIMORTGAGE, INC., Formerly Known as CITICORP MORTGAGE, INC., Respondent, v. AMY GIORDANO, Respondent, et al., Defendants. DEERFIELD REALTY PARTNERS, LLC, as Assignee of FLEET BANK, Nonparty Respondent; NASSAU ASSET CAPITAL, LLC, Nonparty Appellant.

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

March 28, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the contention of Nassau Asset Capital, LLC, the Supreme Court did not set the second foreclosure sale aside based merely on a finding that the price was inadequate. Rather, the Supreme Court determined, based upon facts which were not disputed, that the conduct of that sale was irregular, with the effect of depriving prospective bidders of the opportunity to bid. Since "[t]he essence...

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