EMIGRANT FUNDING CORP. v. NUNEZ

2018-12616. Index No. 16111/09.

199 A.D.3d 651 (2021)

153 N.Y.S.3d 884

2021 NY Slip Op 05951

Emigrant Funding Corporation, Respondent, v. Persio Nunez, Appellant, et al., Defendants.

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

Decided November 3, 2021.


Attorney(s) appearing for the Case

Persio Nunez, Corona, NY, appellant pro se.

Borchert & LaSpina, P.C., Whitestone, NY ( Jason Sackoor of counsel), for respondent.

Rivera, J.P., Iannacci, Ford and Dowling, JJ., concur.


Ordered that the order is affirmed, with costs.

RPAPL 231(6) provides, in relevant part, that "[a]t any time within one year after the sale, but not thereafter, the court, upon such terms as may be just, may set the sale aside for failure to comply with the provisions of this section as to the notice, time or manner of such sale if a substantial right of a party was prejudiced by the defect." Moreover, "[i]n the exercise of its equitable powers, a court has the discretion...

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