#E steward costs vs uncertified pro

Spagnola alleges that this action of the referee was in violation of the Terms of Sale and that it deprived Spagnola of the opportunity to purchase the property. Spagnola alleges that DiStefano then tendered to the referee an uncertified personal check for 10% of the purchase price and that he, Spagnola, objected, stating to the referee that had he known that personal checks were to be accepted, he would have bid higher for the property, but that the referee disregarded Spagnola's objection and accepted DiStefano's personal check as the required deposit.

In his application for an order to show cause, Spagnola alleged that he brought with him to the auction $14,000 in certified funds in the form of certified checks in assorted denominations, that bidding started at $103,000 and proceeded in $1,000 increments, Spagnola's last bid being $131,000, that DiStefano next bid $140,000 (ignoring the $1,000 increment requirement established by the referee), that Spagnola was unable to bid higher than $140,000 in accord with the Terms of Sale due to the limited certified funds in his possession, and that the referee thereupon accepted DiStefano's final bid of $140,000 and closed the bidding process. The first paragraph of the published Terms of Sale provided that 'en percent of the amount of the bid accepted will be required to be paid in cash or certified funds to the Referee at the time and place of sale for which the referee's receipt will be given.' One or more additional unnamed bidders may also have been present. Present at the sale were plaintiff's representative Mark McClosky, and prospective bidders Leonard DiStefano and movant Louis Spagnola. Pursuant to a judgment of foreclosure signed by this Court on Ja foreclosure sale of the mortgaged premises located at 5522 Route 23 in Windham, New York, was held on Septemunder the direction of Robert J. In this foreclosure proceeding, movant Louis Spagnola by order to show cause signed by this Court seeks an order vacating the foreclosure sale held on September 8, 2005, declaring that his was the highest valid bid at the sale, and directing that the subject property be conveyed to him. Box 11, Cornwallville, New York 12418, referee. Shallo, Esq., 21 North Seventh Street, Hudson, New York 12534 for Leonard DiStefano Robert J.

#E steward costs vs uncertified pro

for plaintiff Louis Spagnola, 37 Cider Mill Court, Pleasant Valley, New York 12569, movant pro se Scott D. This opinion is uncorrected and will not be published in the printed Official Reports.Ĭharles H. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.