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NYCTL 1999-1 TRUST v. 573 JACKSON AVENUE REALTY CORP.

55 A.D.3d 454 (2008)

865 N.Y.S.2d 595

NYCTL 1999-1 TRUST et al., Respondents, v. 573 JACKSON AVENUE REALTY CORP., Appellant, et al., Defendants.

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

October 28, 2008.

After much litigation, Jackson Avenue Realty deposited with the court the payoff amount demanded by plaintiffs a few days before the scheduled foreclosure sale, and then notified plaintiffs of the payment and asserted that the sale was stayed "per statute." The sale proceeded nonetheless, and the property was sold to a third party.

In a foreclosure action where the defendant pays into court the amount due for principal,...

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