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GRP LOAN, LLC v. IVERY

15118/06

25 Misc.3d 460 (2009)

886 N.Y.S.2d 317

GRP LOAN, LLC, Plaintiff, v. TOM IVERY et al., Defendants.

Supreme Court, Kings County.

Decided July 21, 2009.

Attorney(s) appearing for the Case

Bruce H. Kaplan, New York City, for Cheryl Ivery, prospective intervenor.

Solferino & Solferino, LLP, Mineola, for plaintiff.

OPINION OF THE COURT

HERBERT KRAMER, J.

In this foreclosure action, judgment was entered in 2007 and a sale was scheduled for April of 2009. Movant, Cheryl Ivery, attorney-in-fact for her father, defendant Tom Ivery, seeks relief under this court's decision in Bardi v Morgan (17 Misc.3d 927 [Sup Ct, Kings County 2007]). There, this court held, inter alia, that

"in any case where an auction sale has...

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