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HITECH HOMES LLC v. BURKE

8843, 160469/15.

171 A.D.3d 408 (2019)

95 N.Y.S.3d 789

2019 NY Slip Op 02452

Hitech Homes LLC, Respondent, v. Tanya J. Burke et al., Appellants.

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

Decided April 2, 2019.

Defendants failed to make the showing of substantial prejudice required to vacate a judicial sale on the ground of lack of notice provided for in Real Property Actions and Proceedings Law § 231 (see RPAPL 231 [6]; CPLR 2003; U.S. Bank N.A. v Martinez, 162 A.D.3d 528, 529 [1st Dept 2018]; Marine Midland Bank v Landsdowne Mgt. Assoc., 193 A.D.2d 1091, 1092 [4th Dept 1993], lv...

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