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TRI-LAND PROPERTIES, INC. v. 115 WEST 28TH STREET CORP.

267 A.D.2d 142 (1999)

701 N.Y.S.2d 16

TRI-LAND PROPERTIES, INC., Respondent, v. 115 WEST 28TH STREET CORP. et al., Appellants, et al., Defendants.

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

Decided December 21, 1999.

The purchaser at the foreclosure sale was properly granted a writ of assistance under RPAPL 221, where defendants were parties to the underlying foreclosure action, had been served with a copy of the judgment of foreclosure and sale, and were duly apprised of the sale of the property. We note that while the purchaser did, in fact, serve defendants with a notice to vacate in conformity with RPAPL 735 (1), such service was not a prerequisite to the motion for a writ of assistance...

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