KEYBANK N.A. v. VENZIANO

2019-11396. Index No. 54984/14.

203 A.D.3d 809 (2022)

160 N.Y.S.3d 897

2022 NY Slip Op 01446

KeyBank National Association, Respondent, v. Anthony Venziano, Appellant, et al., Defendants. Emilio DiMatteo, Nonparty Respondent.

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

Decided March 9, 2022.


Attorney(s) appearing for the Case

Fishman Decea & Feldman, Armonk, NY ( Thomas B. Decea of counsel), for appellant.

Shapiro, DiCaro & Barak, LLC, Rochester, NY ( Ellis Oster of counsel), for plaintiff-respondent.

Geist Schwarz & Jellinek, PLLC, White Plains, NY ( Matthew D. Schwarz of counsel), for nonparty-respondent.

Brathwaite Nelson, J.P., Iannacci, Rivera and Ford, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The plaintiff commenced this action against the defendant Anthony Venziano (hereinafter the defendant), among others, to foreclose a mortgage on real property. The plaintiff subsequently obtained a judgment of foreclosure and sale, and the property was sold at a foreclosure auction.

The defendant thereafter moved, inter alia, to set aside the foreclosure sale and direct that...

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