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CHASE MANHATTAN MTGE. CORP. v. HARPER

2007-04417

2008 NY Slip Op 07205

CHASE MANHATTAN MORTGAGE CORPORATION, respondent, v. DAVID G. HARPER, ET AL., appellants.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

David G. Harper and Michelle Murray-Harper, sued herein as Michelle Harper, Brooklyn, N.Y., appellants pro se.

Pittoni, Bonchonsky & Zaino, LLP, Garden City, N.Y. (Peter R. Bonchonsky and Leonard P. Marinello of counsel), for respondent.

Before: Reinaldo E. Rivera, J.P., Howard Miller, Daniel D. Angiolillo, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The appellants withdrew any claims regarding the legality of the foreclosure sale at a hearing on June 16, 2005. Thus, that issue is not properly before this Court (see e.g. Albany Sav. Bank v Fred Greller Assocs., 178 A.D.2d 953, 954; Rose v Green, 145 A.D.2d 618, 623). Moreover, when the subject property was...

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