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PEKICH v. JAMES E. LAWRENCE, INC.

38 A.D.3d 632 (2007)

832 N.Y.S.2d 259

PETER PEKICH, Doing Business as MEDCOR HOLDING CO., Respondent, v. JAMES E. LAWRENCE, INC., et al., Defendants. SAFFRON GARDENS, LTD., Nonparty Appellant.

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

Decided March 13, 2007.

Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied.

The nonparty appellant, Saffron Gardens, Ltd. (hereinafter Saffron), was the successful bidder on real property being sold at a tax lien foreclosure sale. The plaintiff seller moved to hold Saffron in default of the terms of sale and memorandum of purchase and direct a forfeiture of its down payment. The Supreme Court...

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