REPUBLIC NATIONAL BANK v. ORTIZ


8 A.D.3d 546 (2004)

779 N.Y.S.2d 510

REPUBLIC NATIONAL BANK, Respondent, v. PETER J. ORTIZ et al., Appellants, et al., Defendants.

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

June 21, 2004.


Ordered that the appeal from the order entered November 19, 2002, is dismissed as abandoned, without costs or disbursements; and it is further,

Ordered that the order entered September 19, 2002, is affirmed insofar as appealed from, without costs or disbursements.

The appellants failed to demonstrate any basis for setting aside the mortgage foreclosure sale of April 2, 2001. We recognize the general rule that "a mortgagee . . . cannot enter into an agreement...

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