NOTEY v. DARIEN CONSTR. CORP.


52 A.D.2d 873 (1976)

Anton Notey, Respondent, v. Darien Construction Corp., Appellant, et al., Defendants

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

May 10, 1976


Order reversed, on the law and in the exercise of discretion in the interest of justice, without costs or disbursements, the motion is treated as one to vacate and set aside the foreclosure sale, and for a resale upon terms, and, as such, is granted on condition that defendant furnish a bond with corporate surety, in the amount of $900, as security for the costs of the resale; otherwise, order affirmed, with $50 costs and disbursements.

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