MERRILL LYNCH CREDIT CORPORATION v. AVERELL JR.


283 A.D.2d 618 (2001)

725 N.Y.S.2d 876

MERRILL LYNCH CREDIT CORPORATION, Formerly Known as MERRILL LYNCH EQUITY MANAGEMENT, INC., Respondent, v. ALFRED B. AVERELL, JR., et al., Respondents. EAST END DEVELOPERS, Nonparty-Appellant.

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

Decided May 29, 2001.


Ordered that the order is affirmed, with costs.

"The record demonstrates that the [appellant], an experienced purchaser of foreclosed properties, had notice that the property at issue was being sold subject to the payment by the purchaser of any unpaid taxes, liens, or encumbrances. Having proceeded with the purchase under those terms, the [appellant] cannot now claim that the judgment of foreclosure and sale should be modified to eliminate that obligation" (Better...

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