| Golden Age Mtge. Corp. v Argonne Enters., LLC |
| 2009 NY Slip Op 09426 [68 AD3d 925] |
| December 15, 2009 |
| Appellate Division, Second Department |
| Golden Age Mortgage Corporation,Respondent, v Argonne Enterprises, LLC, et al., Appellants, et al.,Defendants. |
—[*1] Robinowitz Cohlan Dubow & Doherty, LLP, White Plains, N.Y. (Bruce Minkoff ofcounsel), for respondent.
In an action to foreclose three mortgages, the defendants Argonne Enterprises, LLC,Anastasia Gianopoulos, also known as Ann Gianopoulos, and Anastasia Gianopoulos, alsoknown as Stacy Gianopoulos, appeal, as limited by their brief, from so much of an order of theSupreme Court, Putnam County (O'Rourke, J.), dated February 17, 2009, as denied their motion,inter alia, to vacate a judgment of foreclosure and sale of the same court dated August 5, 2008,and to vacate and set aside the foreclosure sales held pursuant thereto on October 8, 2008.
Ordered that the order is affirmed insofar as appealed from, with costs.
Pursuant to CPLR 2003, "[a]t any time within one year after a sale made pursuant to ajudgment or order, but not thereafter, the court, upon such terms as may be just, may set the saleaside for a failure to comply with the requirements of the civil practice law and rules as to thenotice, time or manner of such sale, if a substantial right of a party was prejudiced by the defect"(see Guardian Loan Co. v Early, 47 NY2d 515, 520 [1979]; Mortgage Elec.Registration Sys., Inc. v Schotter, 50 AD3d 983, 984 [2008]). Moreover, "[a] court has theinherent equitable power to ensure that a sale conducted pursuant to a judgment of foreclosure 'isnot made the instrument of injustice' " (Alkaifi v Celestial Church of Christ CalvaryParish, 24 AD3d 476, 477 [2005], quoting Guardian Loan Co. v Early, 47 NY2d at520). Nonetheless, under the circumstances of this case, the Supreme Court did notimprovidently exercise its discretion in declining to vacate a judgment of foreclosure and saledated August 5, 2008, and in declining to vacate and set aside the foreclosure sales.
In light of our determination, we need not reach the plaintiff's remaining contention. Fisher,J.P., Angiolillo, Lott and Sgroi, JJ., concur.