Matter of Carreras-Negron v Gutierrez
2005 NY Slip Op 02581 [17 AD3d 105]
April 5, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 22, 2005


In the Matter of Yolanda Carreras-Negron, Appellant,
v
Rafael Diaz Gutierrez, Respondent.

[*1]

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered September 16, 2004, which denied petitioner's application to enjoin a sheriff's sale of the judgment debtor's real property, unanimously affirmed, with costs.

Petitioner, as the subsequent purchaser, was on notice of the judgment debtor's sale of the property, despite the apparent difference in the given names of the seller and judgment debtor (see H. R. & C. Co., Inc. v Smith, 242 NY 267 [1926]). Although not addressed by the IAS court, we note that allegations regarding the sham nature of petitioner's purchase were unrebutted, despite her opportunity to do so. Concur—Buckley, P.J., Tom, Andrias, Friedman and Sullivan, JJ.