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CASHIN v. SIMEK

59 A.D.3d 657 (2009)

___ N.Y.S.2d ___

JOAN CASHIN, Respondent, v. SUSAN SIMEK, Defendant. ISLAND PROPERTIES & ASSOCIATES, LLC, Nonparty-Appellant.

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

Decided February 24, 2009.

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

In this foreclosure action, the judgment of foreclosure and sale, the notice of sale, and the terms of sale each provided that the successful bidder would take the property subject to the payment by the successful bidder of any unpaid taxes, liens, or encumbrances. Island Properties & Associates, LLC (hereinafter Island Properties), as successful bidder at the foreclosure...

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