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U.S. BANK NATIONAL ASSOCIATION v. TESTA

2015-04019, Index No. 36069/10.

140 A.D.3d 855 (2016)

33 N.Y.S.3d 387

2016 NY Slip Op 04404

U.S. BANK NATIONAL ASSOCIATION, Appellant, v. PETER V. TESTA, Also Known as PETER TESTA, et al., Defendants. DINO P. ASCARI et al., Nonparty Respondents.

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

Decided June 8, 2016.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to foreclose a mortgage on certain property located in Ocean Beach. The plaintiff obtained a judgment of foreclosure and sale in August 2014. A notice of sale was published in a weekly newspaper, and the foreclosure sale was held on October 15, 2014. The nonparties Dino P. Ascari and Good Sam Properties, Inc., were the successful bidders...

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