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NYCTL 2011-A TRUST PLAINTIFFS, v. DA'JUE PROPERTIES INC., def-res, NEW YORK CITY TRANSIT AUTHORITY TRANSIT ADJUDICATION BUREAU def, FAY CAPITAL CORP., Non-Party-ap

15955. NYCTL 2011-A TRUST PLAINTIFFS, v. DA'JUE PROPERTIES INC., def-res, NEW YORK CITY TRANSIT AUTHORITY TRANSIT ADJUDICATION BUREAU def, FAY CAPITAL CORP., Non-Party-ap — Michael T. Sucher, Brooklyn, for ap — Kathleen R. Bradshaw, Bronx, for res — Order, Supreme Court, Bronx County (John A. Barone, J.), entered January 21, 2015, which, to the extent appealed from as limited by the briefs, granted defendant Da'Jue Properties Inc.'s motion insofar as it sought to vacate the judgment of foreclosure and sale entered upon its default, and effectively granted defendant's motion insofar as it sought to vacate the auction sale of the property at issue, unanimously reversed, on the law, without costs, and the motion denied.

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15955. NYCTL 2011-A TRUST PLAINTIFFS, v. DA’JUE PROPERTIES INC., def-res, NEW YORK CITY TRANSIT AUTHORITY TRANSIT ADJUDICATION BUREAU def, FAY CAPITAL CORP., Non-Party-ap — Michael T. Sucher, Brooklyn, for ap — Kathleen R. Bradshaw, Bronx, for res — Order, Supreme Court, Bronx County (John A. Barone, J.), entered January 21, 2015, which, to the extent appealed from as limited by the briefs, granted defendant Da’Jue Properties Inc.’s motion insofar as it sought to vacate the judgment of foreclosure and sale entered upon its default, and effectively granted defendant’s motion insofar as it sought to vacate the auction sale of the property at issue, unanimously reversed, on the law, without costs, and the motion denied.

Defendant’s right to redeem the property extinguished upon the property’s sale (NYCTL 2005-A Trust v. Rosenberger Boat Livery, Inc., 96 AD3d 425, 426 [1st Dept 2012]), and defendant failed to show an equitable basis for vacatur of the sale, “such as fraud, mistake or exploitive overreaching” (id.; see also Otto Gerdau Co. v. Anasae Realty Corp., 251 AD2d 174, 174 [1st Dept 1998]).

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