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FED. NAT'L MORTGAGE ASS'N v. NITTOLI

250 A.D.2d 427 (1998)

671 N.Y.S.2d 657

Federal National Mortgage Association, Plaintiff, v. John Nittoli et al., Defendants, and Ludlum Corp. Profit Sharing Plan and Trust, Respondent. James Pi et al., Nonparty Appellants

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

May 12, 1998

Sale of the premises subject to unpaid taxes and assessments was not a violation of RPAPL 1354 (2) since the judgment of foreclosure so provided. Even if it were such a violation, appellants had notice of such condition and therefore cannot claim prejudice (RPAPL 231 [6]; cf., Aaron v Kent, 182 A.D.2d 960). Nor should the sale be set aside because of the continued occupancy of the mortgagor, whose right of possession continues...

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