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KEY CORPORATE CAPITAL, INC., respondent, v. HERBERT LINDO, appellant, ET AL., defendants; CENTURY 22 REALTY 1 CORP., nonparty-respondent.

DECISION ORDER

ORDERED that the judgment and the order are affirmed, with one bill of costs to the nonparty respondent.

The failure to give proper notice of a sale, as required by RPAPL 231, is a mere irregularity and not a jurisdictional defect (see Marine Midland Bank v. Landsdowne Mgt. Assocs., 193 A.D.2d 1091; Norstar Bank v. LNP Realty Corp., 216 A.D.2d 279; Amresco New England II v. Denino, 283 A.D.2d 599). Further, the failure to give proper notice will result in vacatur of the sale only upon a showing that a substantial right of a party was prejudiced (see Amresco New England II v. Denino, supra).

The plaintiff complied with the Supreme Court's directive that the original notice of foreclosure and sale be published in the Mineola American. Although the plaintiff published the notice of adjourned sale in Newsday, the appellant failed to demonstrate that he was prejudiced by this irregularity. Rather, the appellant was notified of and then attended the sale. Accordingly, the Supreme Court properly refused to vacate the judgment of foreclosure and sale, and properly granted the motion to deliver possession of the premises.

The appellant's remaining contention is without merit.

FLORIO, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.

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KEY CORPORATE CAPITAL v. LINDO
(Apr 14, 2003)