Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The belated and unsubstantiated claim of the respondent that the plaintiff was not the highest bidder at the foreclosure sale of the subject property was insufficient to refute the plaintiff's contrary evidence, including the sworn report of the Referee and an affidavit of the plaintiff's representative who attended the sale. Accordingly, the respondent failed to establish the existence...
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