KEY BANK OF NEW YORK v. VAN DEV. CORP.


210 A.D.2d 655 (1994)

619 N.Y.S.2d 835

Key Bank of New York, N. A., Appellant, v. Van Development Corporation et al., Respondents

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

December 8, 1994


Casey, J.

A judgment of foreclosure was entered in favor of plaintiff in this mortgage foreclosure action, and a Referee was appointed to conduct a sale of the mortgaged property. Notice of the sale was properly published and posted, but the sale was conducted one day prior to the 28-day minimum required by RPAPL 231 (2) (a). When plaintiff moved to confirm the Referee's report of the sale and for a deficiency judgment, Supreme Court sua sponte

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