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HAUSCH v. TOPPER

221 A.D.2d 591 (1995)

635 N.Y.S.2d 496

Vivian L. Hausch, Appellant, v. Mary D. Topper et al., Respondents

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

November 27, 1995

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the defendants' motion is denied, the plaintiff's cross motion is granted, the stay of foreclosure is vacated, and the matter is remitted to the Supreme Court, Nassau County, to set a date for the foreclosure sale of the real property.

The Supreme Court improvidently exercised its discretion in staying the foreclosure sale (see<...

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