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BANK OF AMERICA v. PETIT

2011-01311.

89 A.D.3d 652 (2011)

931 N.Y.S.2d 710

2011 NY Slip Op 7787

BANK OF AMERICA, Appellant, v. LUDOVIC M. PETIT et al., Defendants. BLOCK THREE, LLC, Nonparty Respondent.

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

Decided November 1, 2011.

Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the nonparty Block Three, LLC, which was, in effect, to remove certain provisions from the terms of sale on the ground that they varied from the judgment of foreclosure and sale is denied.

The plaintiff commenced this action to foreclose a mortgage on certain real property located in Queens County. By judgment of foreclosure and sale dated June 10, 2009, a referee was appointed...

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