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Lee v. BSB Greenwich Mortgage Limited Partnership

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Argued: June 8, 2001

Appeal from an order of the United States District Court for the District of Connecticut (Alan H. Nevas, Judge) denying Plaintiff-Appellant Johnson Lee’s motion for an order in aid of enforcement of an amended stipulated judgment of strict foreclosure. The District Court, through its approval, adoption, and ratification of the Magistrate Judge’s recommendation, found that the term “gross sales proceeds” in the amended stipulated judgment was ambiguous and thus consulted extrinsic evidence to interpret the term, which it did in favor of Defendant-Appellee BSB Greenwich Mortgage Limited Partnership.

We hold that the term “gross sales proceeds” in the amended stipulated judgment is not ambiguous and must be given its plain meaning.

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