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LENNAR NORTHEAST v. GIFALDI

258 A.D.2d 240 (1999)

695 N.Y.S.2d 448

LENNAR NORTHEAST PARTNERS LIMITED PARTNERSHIP, Appellant, v. CARL A. GIFALDI et al., Respondents, et al., Defendants. (Appeal No. 1.)

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

July 9, 1999.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, L. L. P., Rochester (Francis E. Kenney and Robert E. Bramlet of counsel), for appellant.

Gross, Schuman, Brizdle & Gilfillan, P. C., Buffalo (Robert J. Feldman of counsel), for respondents.

HAYES, PIGOTT, JR., SCUDDER and BALIO, JJ., concur.

OPINION OF THE COURT

PINE, J. P.

The issue presented in these appeals is when a foreclosure sale is consummated within the meaning of RPAPL 1371. Chase Manhattan Bank commenced foreclosure actions against two pieces of property, one in Rochester and the other in Buffalo, owned by Carl A. Gifaldi and Eva Gifaldi (defendants). Plaintiff, Lennar Northeast Partners Limited Partnership (Lennar), subsequently acquired the loans. Lennar obtained stay relief in...

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