MISK v. MOSS


64 A.D.3d 635 (2009)

882 N.Y.S.2d 491

MARK MISK, Respondent, v. JOYCE C. MOSS et al., Defendants, and ANGELA O'BRIEN, Appellant.

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

Decided July 14, 2009.


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

Contrary to the contention of the defendant Angela O'Brien, the plaintiff did not willfully default on the purchase of the subject real property, and O'Brien thus was not entitled to an award of consequential damages. The terms of the judicial sale conducted by the referee gave the successful bidder, in this case the plaintiff,...

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