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KEY CORPORATE CAPITAL, INC. v. LINDO

304 A.D.2d 620 (2003)

757 N.Y.S.2d 476

KEY CORPORATE CAPITAL, INC., Respondent, v. HERBERT LINDO, Appellant, et al., Defendants. CENTURY 22 REALTY 1 CORP., Nonparty Respondent.

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

Decided April 14, 2003.

Ordered that the judgment and the order are affirmed, with one bill of costs to the nonparty respondent.

The failure to give proper notice of a sale, as required by RPAPL 231, is a mere irregularity and not a jurisdictional defect (see Marine Midland Bank v Landsdowne Mgt. Assoc., 193 A.D.2d 1091 [1993]; Norstar Bank v LNP Realty Corp., 216 A.D.2d 279 [1995]; Amresco New England...

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