393 DAYS WAS TOO LONG OF A DELAY
After a motion made by "G.B.A." to vacate a foreclosure was denied by the New York County Supreme, an appeal ensued.
And on its review, the Appellate Division, First Department, agreed that the requested relief was “time-barred” – made too late – as New York State law required such applications to be made within a year of the sale. Even taking into consideration the “toll” of all statutes of limitations during the height of the COVID-19 pandemic, the AD1 noted that G.B.A.’s motion was made some 393 days after the transfer.
Additionally, absent a showing of “substantial prejudice,” and a “nonspeculative evidence of fraud, mistake, exploitative overreaching, or collusion sufficient to justify vacatur of the sale," the AD1 thought the motion lacked merit, and affirmed its denial.
Looks like they were foreclosed a few times here ….
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DECISION