Morrison Cohen Obtains Appellate Relief for Winning Foreclosure Bidder

Christopher Milito and Joaquin Ezcurra convinced an appellate panel to reverse a lower court decision that voided the foreclosure sale of a mixed-use property in Brooklyn.  The firm was asked to take over the case from prior counsel following the lower court's nullification of the completed foreclosure auction.  The firm argued to the appeals court that the foreclosure price did not “shock the conscience” as required by New York State law and that the unwinding of the sale was therefore improper.   The Appellate Division found merit to the firm's arguments and remanded the case back to the Supreme Court for further proceedings.