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STATE OF NEW YORK MORTGAGE AGENCY v. HINZE

295 A.D.2d 338 (2002)

742 N.Y.S.2d 914

STATE OF NEW YORK MORTGAGE AGENCY, Respondent, v. DAVID HINZE et al., Defendants. MICHAEL R. ZOTOS, Nonparty Appellant; THOMAS B. LICARI, Nonparty Respondent.

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

Decided June 3, 2002.

Ordered that the order is affirmed, with costs.

The appellant failed to establish the existence of fraud, collusion, mistake, or misconduct as to warrant vacatur of the foreclosure sale and transfer of the premises to him (see Provident Sav. Bank v Bordes, 244 A.D.2d 470; Citicorp Mtge. v Strong, 227 A.D.2d 818; Green Point Sav. Bank v Kandel, 224 A.D.2d 488...

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