SAXON MORTGAGE SERVICES, INC. v. COAKLEY

2014-02629, Index No. 20442/05.

145 A.D.3d 699 (2016)

2016 NY Slip Op 08218

43 N.Y.S.3d 97

SAXON MORTGAGE SERVICES, INC., Respondent, v. CARRIE COAKLEY et al., Defendants. 4798 FOURTH ASSOCIATES, INC., Nonparty Appellant.

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

Decided December 7, 2016.


Ordered that the order is affirmed, with costs.

The appellant was the successful bidder at a judicial sale of the subject premises. Prior to the closing, the appellant moved, inter alia, in effect, to adjourn the closing and to compel the plaintiff to correct alleged defects in recorded assignments of the mortgage, claiming that the referee could not otherwise convey marketable title. The Supreme Court disagreed, and denied the motion.

"`As a general rule...

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