PII SAM, LLC v. MAZZURCO

2011-11761.

106 A.D.3d 973 (2013)

965 N.Y.S.2d 365

2013 NY Slip Op 3652

PII SAM, LLC, Respondent, v. VINCENT MAZZURCO, Appellant, et al., Defendants.

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

Decided May 22, 2013.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion to set aside the foreclosure sale without conducting a hearing because the appellant failed to establish that the sale violated RPAPL 231 (4) such that a substantial right of a party was prejudiced (see Johnson v 1476-A Fulton St. Corp., 84 A.D.3d 1316 [2011]; Matrix Fin. Servs. Corp. v McKiernan,

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