| Grand Pac. Fin. Corp. v Ashkenazi |
| 2013 NY Slip Op 04995 [108 AD3d 425] |
| July 2, 2013 |
| Appellate Division, First Department |
| Grand Pacific Finance Corp.,Respondent, v Alexander Ashkenazi et al., Defendants. Amit Louzon, NonpartyAppellant. |
—[*1] Zeichner Ellman & Krause LLP, New York (Peter Janovsky of counsel), forrespondent.
Order, Supreme Court, New York County (Joan M. Kenney, J.), entered March 15,2012, which, insofar as appealed from as limited by the briefs, denied nonparty AmitLouzon's motion for a declaration that his purchase of real property during the underlyingforeclosure auction was free and clear of the plaintiff's mortgage lien upon the premises,unanimously affirmed, without costs.
The terms of the judgment of foreclosure explicitly provide that Louzon's purchaseof the condominium unit at issue is subject to prior liens of record. The evidenceestablishes that plaintiff's mortgage was duly recorded and that the terms of sale,distributed to all prospective purchasers prior to the foreclosure auction, specificallylisted the mortgage among the prior liens of record. In addition, the transcript of theauction reveals that the terms of sale, which were announced before the bidding began,made clear that the unit was being sold subject to plaintiff's mortgage.
We have considered Louzon's remaining arguments and find them to be unavailing.Concur—Mazzarelli, J.P., Acosta, Saxe, Freedman and Clark, JJ. [Prior CaseHistory: 2012 NY Slip Op 30631(U).]