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BANKERS TRUST COMPANY OF CALIFORNIA v. ZHOU

57 A.D.3d 294 (2008)

868 N.Y.S.2d 524

BANKERS TRUST COMPANY OF CALIFORNIA, N.A., as Trustee, Respondent, v. WEN ZHOU et al., Defendants, and MICHAEL WONG, Intervenor-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

December 11, 2008.

There were no defects in the notice of sale, which, in compliance with a prior order, notified bidders of the existence of a prior mortgage that plaintiff believed had been satisfied and the fact that the title company would indemnify a purchaser against any risk with respect thereto. Plaintiff's advertising of its lien as a first mortgage, coupled with the indemnification letter from the title company, sufficiently established that the lack of a properly filed satisfaction...

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