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CHASE HOME FINANCE LLC v. DIAZ

16 Misc.3d 415 (2007)

837 N.Y.S.2d 538

CHASE HOME FINANCE LLC, as Successor by Merger to CHASE HOME MORTGAGE CORPORATION, Plaintiff, v. CHARLES DIAZ, JR., et al., Defendants.

Supreme Court, Suffolk County.

May 21, 2007.

Attorney(s) appearing for the Case

Gullace & Weld LLP, Rochester, for Wachovia Bank N.A., defendant.

Rosicki, Rosicki & Associates P.C., Plainview, for plaintiff.

Paula A. Miller P.C., Smithtown, for New Life Properties.

OPINION OF THE COURT

JEFFREY ARLEN SPINNER, J.

The defendant Wachovia Bank N.A. has applied to this court for an order vacating and setting aside the February 8, 2007 foreclosure sale of premises commonly known as 80 Berry Street, Lindenhurst, Town of Babylon, New York. Both the plaintiff and the third-party purchaser New Life Properties vigorously oppose the application.

Procedurally, the plaintiff brought this action to foreclose a defaulted first...

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