# Brown v. Aames Capital Corp.

> Appellate Division of the Supreme Court of the State of New York · January 20, 2005 · 14 A.D.3d 418

URL: https://www.frixlaw.com/law-library/cases/5681340

## Case

- **Full name:** Shirley A. Brown v. Aames Capital Corporation
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 20, 2005
- **Citations:** 14 A.D.3d 418; 789 N.Y.S.2d 475; 2005 N.Y. App. Div. LEXIS 486
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5681340

## Opinion text

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered May 13, 2003, which, in an action by plaintiff mortgagors to set aside a foreclosure sale, granted defendant mortgagee’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
As the motion court previously held in denying plaintiffs’ motion for a preliminary injunction staying the eviction proceedings pending against them in Civil Court, the foreclosure sale, which was conducted pursuant to a Bankruptcy Court order lifting the automatic stay imposed by the third bankruptcy proceeding filed by one of the plaintiffs, was unaffected by the dismissal of that proceeding some five weeks after the public sale and two days before the delivery of the Referee’s deed to defendant. Bankruptcy Code (11 USC) § 349 (b) provides, inter alia, that dismissal of a case revests the estate’s property in the holder thereof immediately before the commencement of the case, “[u]nless the court, for cause, orders otherwise.” It is clear the Bankruptcy Court departed from the prevailing rule here. As the motion court stated, it would be “utterly nonsensical” to say that the Bankruptcy Court intended defendant to proceed with the sale only to then revest title in plaintiffs by dismissing the bankruptcy proceeding. Concur—Buckley, P.J., Tom, Andrias, Marlow and Ellerin, JJ.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5681340. Public record. Not legal advice.