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BARDI v. ESTATE OF MORGAN

61 A.D.3d 624 (2009)

877 N.Y.S.2d 362

DAVOUD BARDI, Respondent, v. ESTATE OF AUDLEY MORGAN et al., Defendants, and ESTATE OF JOYCE BENJAMIN, Appellant-Respondent. MOHAMED ALI et al., Nonparty Respondents-Appellants.

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

Decided April 7, 2009.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the plaintiff.

The Supreme Court properly found that Mohamed Ali and Rahim Siunykalimi, the successful bidders at a foreclosure sale and subsequent resale, each defaulted at the scheduled closings, and that the plaintiff therefore was entitled to retain their deposits (see Maxton Bldrs. v Lo Galbo,

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