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REPUBLIC NATIONAL BANK OF NEW YORK v. ZACCOLI

46 A.D.3d 656 (2007)

846 N.Y.S.2d 587

REPUBLIC NATIONAL BANK OF NEW YORK, Respondent, v. ROSELLA ZACCOLI et al., Defendants. MICHAEL PEREZ, Nonparty Appellant.

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

Decided December 11, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

A judgment of foreclosure and sale was granted to the plaintiff on February 16, 2005. At the sale, the nonparty appellant, Michael Perez, successfully bid $547,000 for the property. The appellant paid a 10% deposit, but failed to close on the sale, asserting that his title insurer raised several exceptions to clear title to the property.

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