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NORWEST MORTGAGE, INC. v. BROWN

35 A.D.3d 682 (2006)

830 N.Y.S.2d 158

NORWEST MORTGAGE, INC., Respondent, v. IRVING BROWN et al., Respondents, et al., Defendants. SHAMEENA CHOWDURY, Nonparty Appellant.

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

Decided December 19, 2006.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, and the motion, which was treated, in effect, as a motion to vacate the sale is denied.

After the defendants Irving Brown and Betty Primus, also known as Betty Brown (hereinafter collectively the defendants), defaulted on their mortgage in 1998 the plaintiff instituted this foreclosure action. After five bankruptcy petitions (three by Irving Brown and two by Betty Primus) and...

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