CITIBANK, N.A. v. GRANT


21 A.D.3d 924 (2005)

801 N.Y.S.2d 59

CITIBANK, N.A., Respondent, v. KENNETH GRANT, Also Known as KENNETH C. GRANT, SR., Also Known as KENNETH C. GRANT, Appellant. SAMUEL STERN, Intervenor-Respondent.

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

September 12, 2005.


Ordered that the order is affirmed, without costs or disbursements.

The defendant failed to adduce any proof that at the time this foreclosure action was commenced, or when the property was ultimately sold in 2002 pursuant to a judgment of foreclosure, he was known, or should have been known, to be an incompetent incapable of protecting his own interests. Moreover, it is undisputed that the purchaser at the foreclosure sale, the intervenor-respondent, Samuel Stern...

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