REYES v. SEQUEIRA

10-1170, RJI No. 19-10-5319.

79 A.D.3d 487 (2010)

911 N.Y.S.2d 629

JUAN D. REYES, M.D., Respondent, v. RAFAEL SEQUEIRA, M.D., et al., Appellants, et al., Defendant.

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

Decided December 9, 2010.


Defendants failed to assert a basis for vacating the April 17, 2008 order, which valued the property based on an average of three court-ordered appraisals and directed a sale despite outstanding unresolved collateral issues. In issuing the valuation order, the court did not ultimately exceed the authority granted to it by the parties to value the properties pursuant to the appraisals. That the valuation was based on three competing appraisals rather than two, does not violate...

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