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CONT'L CAPITAL CORP. v. FIORE

239 A.D.2d 381 (1997)

658 N.Y.S.2d 889

Continental Capital Corp., as Assignee of Resolution Trust Corporation, as Receiver for Goldome Federal Savings Bank, Respondent, v. Joan Fiore, Appellant, et al., Defendants. Waldorf Investments, Intervenor-Respondent

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

May 12, 1997

Ordered that the order is affirmed insofar as appealed from, with costs to the intervenor-respondent.

The appellant's claims regarding the alleged irregularity of the Referee's sale are not properly before this Court, as the appellant failed to raise them in her February 1996 cross motion to vacate the judgment of foreclosure and to set aside the sale of the property in question (see, Dufficy v Wharf Bar &...

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