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LeVINE v. FLYNN

252 A.D.2d 543 (1998)

675 N.Y.S.2d 883

Saul S. LeVine, as Trustee, Respondent, v. Sandra Flynn et al., Appellants, et al., Defendants

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

July 20, 1998

Ordered that the judgment is reversed, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the issue of the fair and reasonable market value of the mortgaged premises as of the date of the foreclosure sale.

We reject the appellants' contention that the plaintiff's motion for a deficiency judgment was untimely, as the plaintiff made the subject motion "within ninety...

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