You are here: / / DEFENDANTS WERE NOT SERVED WITH NOTICE OF THE FORECLOSURE SALE; THEIR MOTION...
,

DEFENDANTS WERE NOT SERVED WITH NOTICE OF THE FORECLOSURE SALE; THEIR MOTION TO VACATE THE FORECLOSURE SALE SHOULD HAVE BEEN GRANTED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined defendants in this foreclosure action were entitled to service of the notice of the foreclosure sale. Because the defendants were not served with the notice, their motion to vacate the foreclosure sale should have been granted:

“Parties to an action involving the sale of real property pursuant to a judgment, who have appeared in the action and have not waived service, are entitled to have served upon them, pursuant to CPLR 2103, all papers in the action, including a notice of sale” … , a court is authorized to set aside a judicial sale within one year thereafter, for failure to comply with the requirement as to notice, but only if a substantial right of a party was prejudiced by the defect.

Here, the defendants established that they were prejudiced by the lack of notice of the sale inasmuch as they were deprived of the opportunity to protect their interest in the subject property … . 38-12 Astoria Blvd., LLC v Ramos, 2022 NY Slip Op 01433, Second Dept 3-9-22

Practice Point: Defendants who have appeared in a foreclosure action are entitled to notice of the foreclosure sale. Here defendants were not served with the notice of sale. Their motion to vacate the foreclosure sale should have been granted.

 

You might also like
THE JURY COULD HAVE FOUND PLAINTIFF BUS PASSENGER’S INJURIES WERE CAUSED BY THE NORMAL JERKS AND JOLTS OF BUS TRAVEL AND NOT BY ANY NEGLIGENCE ON DEFENDANTS’ PART; THE MOTION TO SET ASIDE THE DEFENSE VERDICT SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
Elements of Civil and Criminal Contempt Explained
THIS BREACH OF CONTRACT, QUASI CONTRACT, UNJUST ENRICHMENT COMPLAINT SHOULD HAVE BEEN DISMISSED; PLAINTIFF SCHOOL BUS COMPANY WAS SEEKING PAYMENT FOR THE MONTHS THE SCHOOLS WERE CLOSED DUE TO COVID-19 (SECOND DEPT).
Law Explained Re: Suit Against Municipality and Police Officers Alleging Excessive Force
THE EXTENSION OF THE STATUTE OF LIMITATIONS IN CPLR 213-B(1) WHICH ALLOWS A VICTIM OF A CRIME TO SUE THE PERPETRATOR WITHIN SEVEN YEARS OF THE DATE OF CRIME APPLIES ONLY WHERE THE PERPETRATOR HAS BEEN “CONVICTED OF [THE] CRIME;” A PERPETRATOR WHO HAS BEEN ADJUDICATED A YOUTHFUL OFFENDER HAS NOT BEEN “CONVICTED OF A CRIME” WITHIN THE MEANING OF CPLR 213-B(1) (SECOND DEPT).
DEFENDANTS HAD NOT CLEARED UP LIENS ON THE PROPERTY ON LAW DAY, SO THEY WERE NOT READY TO CLOSE AND WERE NOT ENTITLED TO KEEP PLAINTIFFS’ DOWN PAYMENT, WHETHER DEFENDANTS HAD A DUTY TO SPEAK WHEN PLAINTIFFS ASKED FOR AN ADJOURNMENT OF THE CLOSING CANNOT BE DETERMINED ON A MOTION TO DISMISS (SECOND DEPT).
THE CONSTRUCTION OF TWO TOWERS, TWICE THE HEIGHT OF SURROUNDING BUILDINGS, DID NOT VIOLATE THE NYC ZONING RESOLUTION, THEREFORE THE NYC PLANNING COMMISSION’S APPROVAL OF THE PROJECT WITHOUT THE NEED FOR A SPECIAL PERMIT WAS NOT ARBITRARY AND CAPRICIOUS (FIRST DEPT).
Evidence Did Not Support Finding of Neglect Based Upon Mother’s Mental Illness and Failure to Take Medication

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

CAUSES OF ACTION ALLEGING BREACH OF FIDUCIARY DUTY DO NOT ACCRUE UNTIL THE FIDUCIARY... THE TENANT HARASSMENT CAUSE OF ACTION SHOULD NOT HAVE BEEN DISMISSED; SUPREME...