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RAMNARAIN v. RAMNARAIN

30 A.D.3d 395 (2006)

816 N.Y.S.2d 189

DEONARINE RAMNARAIN, Respondent, v. CHANDRADAT RAMNARAIN, Appellant, et al., Defendant. SANDRA BAICHU, Nonparty Respondent.

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

June 6, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with costs.

The plaintiff was the high bidder at an auction for the sale of the real property that is the subject of this action, and made a down payment to the referee. The Supreme Court, although finding the plaintiff in default of the terms of the sale and directing that the property be resold, directed the return of his down payment. This was error (see Maxton Bldrs. v Lo Galbo,

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