Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the motion of nonparty Empire State Properties, which were, in effect, to set aside the foreclosure sale and compel the referee to return its full deposit in the sum of $60,000 are granted.
The nonparty appellant Empire State Properties (hereinafter Empire) was the successful bidder at a mortgage foreclosure sale of certain property (hereinafter the Property...
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