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METRO. HOMES, INC. v. GREEN POINT SAV. BANK

234 A.D.2d 524 (1996)

651 N.Y.S.2d 193

Metropolitan Homes, Inc., Appellant, v. Green Point Savings Bank et al., Respondents

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

December 23, 1996

Ordered that the order is affirmed, with costs.

In this case the Green Point Savings Bank (hereinafter Green Point) foreclosed a mortgage it held on certain premises located at 478 Greene Avenue, Brooklyn. Some 20 minutes before the foreclosure sale, at which Aron Malik was the successful bidder, the mortgagor, unbeknownst to Green Point or the Referee, filed a bankruptcy petition which had the effect of automatically staying the foreclosure sale. Thereafter, Malik...

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