Blanche Johnson, plaintiff-respondent, v. 1476 (2011)

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

Blanche Johnson, plaintiff-respondent, v. 1476–A Fulton Street Corp., et al., appellants; Mohammed Ali, nonparty-respondent.

2010–05483 (Index No. 26117 /05)

Decided: May 31, 2011

MARK C. DILLON, J.P. ARIEL E. BELEN SANDRA L. SGROI ROBERT J. MILLER, JJ.

Michael T. Sucher, Brooklyn, N.Y. (Andrew M. Shabasson of counsel), for appellants. Thaniel J. Beinert, Brooklyn, N.Y. (Jimmy Wagner of counsel), for plaintiff—respondent. Hagan, Coury & Associates, Brooklyn, N.Y. (Paul Golden of counsel), for nonparty—respondent.

Argued—May 16, 2011

DECISION & ORDER

In an action to foreclose a mortgage, the defendants appeal from an order of the Supreme Court, Kings County (Knipel, J.), dated April 20, 2010, which denied their motion to set aside a foreclosure sale on the ground that their attorney was not served with notice of the sale pursuant to CPLR 2103.

ORDERED that the order is affirmed, with one bill of costs.

Under the circumstances here, the Supreme Court properly denied the defendants' motion to set aside the subject foreclosure sale (see Alaska Seaboard Partners Ltd. Partnership v Grant, 20 AD3d 436, 437; Olympia Mtge. Corp. v. Ramirez, 9 AD3d 401; Grohman v. Weiss, 242 A.D.2d 259; Polish Natl. Alliance of Brooklyn v White Eagle Hall Co., 98 A.D.2d 400, 403).

DILLON, J.P., BELEN, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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