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CLR BROOKLYN REALTY CORP. v. SHAPIRO

39 A.D.3d 790 (2007)

836 N.Y.S.2d 617

CLR BROOKLYN REALTY CORP. et al., Appellants-Respondents, v. STANLEY SHAPIRO et al., Respondents, and FRANCIS J. VOYTECKY, Respondent-Appellant, et al., Defendants.

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

Decided April 24, 2007.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable by the plaintiffs to the defendants Fulvan Realty Corp., and Paul Cassuto.

CLR Brooklyn Realty, Leonard Peters Smith, and Pearl Smith (hereinafter the appellants) were defendants in a mortgage foreclosure proceeding commenced in 1993. As they did not appear in the action, a judgment of foreclosure and sale was entered by default in 1994, and the property...

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