PII Sam, LLC v Mazzurco

PII Sam, LLC v Mazzurco 2013 NY Slip Op 03652 Decided on May 22, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 22, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
DANIEL D. ANGIOLILLO
RUTH C. BALKIN, JJ.
2011-11761
(Index No. 5297/07)

[*1]PII Sam, LLC, respondent,

v

Vincent Mazzurco, appellant, et al., defendants. Harvey Sorid, Uniondale, N.Y. (Melissa Montenes of counsel), for appellant.




Deutsch & Schneider, LLP, Glendale, N.Y. (William J. Fielding
of counsel), for respondent.


DECISION & ORDER

In an action to foreclose a mortgage, the defendant Vincent Mazzurco appeals from an order of the Supreme Court, Queens County (Strauss, J.), dated October 25, 2011, which denied his motion to set aside the foreclosure sale of the subject property.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion to set aside the foreclosure sale without conducting a hearing because the appellant failed to establish that the sale violated RPAPL 231(4) such that a substantial right of a party was prejudiced (see Johnson v 1476-A Fulton St. Corp., 84 AD3d 1316; Matrix Fin. Servs. Corp. v McKiernan, 13 AD3d 344, 344; cf. Meade v JD Venture Capital, LLC, 38 AD3d 858, 859).
ENG, P.J., RIVERA, ANGIOLILLO and BALKIN, JJ., concur.

ENTER: z

Aprilanne Agostino

Clerk of the Court