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NYCTL-1 TRUST v. LIBERTY BAY REALTY CORP.

21 A.D.3d 1013 (2005)

801 N.Y.S.2d 346

NYCTL-1 TRUST et al., Respondents, v. LIBERTY BAY REALTY CORP., Appellant, et al., Defendants. AMERICAN PIONEER TITLE INSURANCE COMPANY, Intervenor-Respondent.

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

September 19, 2005.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly denied those branches of the motion of the defendant Liberty Bay Realty Corp. (hereinafter Liberty Bay) which were to vacate its default in appearing or answering the complaint and to set aside the judgment of foreclosure and the foreclosure sale. Liberty Bay was properly served with the...

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