People v. Hamm
792 N.Y.S.2d 75
N.Y. App. Div.
2005
Check Treatment

In the Matter of YOLANDA CARRERAS-NEGRON, Appellant, v RAFAEL DIAZ GUTIERREZ, Respondent.

Supreme Court, Appellate Division, First Department, New York

September 16, 2004

[791 NYS2d 825]

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered September 16, 2004, which denied petitioner‘s application to enjoin a sheriff‘s sale of the judgment debtor‘s real property, unanimously affirmed, with costs.

Petitioner, as the subsequent purchaser, was on notice of the judgment debtor‘s sale of the property, despite the apparent difference in the given names of the seller and judgment debtor (see ). Although not addressed by the IAS court, we note that allegations regarding the sham nature of petitioner‘s purchase were unrebutted, despite her opportunity to do so. Concur—Buckley, P.J., Tom, Andrias, Friedman and Sullivan, JJ.