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ARGENT MORTGAGE COMPANY, LLC v. LEVEAU

46 A.D.3d 727 (2007)

848 N.Y.S.2d 691

ARGENT MORTGAGE COMPANY, LLC, Respondent, v. ALFONSO LEVEAU et al., Defendants. M2N CORP., Nonparty Appellant.

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

Decided December 18, 2007.

Ordered that the order is affirmed, with costs.

The appellant was the successful bidder at a judicial sale of the subject property conducted pursuant to a judgment of foreclosure. Two of the defendants in the foreclosure action, Alfonso Leveau and Robert Lagos, allegedly were not served with the summons and complaint by personal delivery (see CPLR 308 [1]). The appellant refused to close, contending that the possibility that Leveau or Lagos, in the future,...

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