Appellate Division, First Department · October 6, 2026 · 2026 NY Slip Op 05752
Wiggins v State of N.Y. Mtge. Agency
Read the official decision: 2026 NY Slip Op 05752
Holding The court affirmed the dismissal of the plaintiff’s action seeking to unwind a foreclosure sale of cooperative shares, holding that such relief is unavailable once a sale has occurred under UCC article 9. This rule applies equally to residential and commercial properties, regardless of whether the purchaser was the defendant or a third party.
The court’s words
That relief is not available where, as here, a sale has already occurred under UCC article 9
2026 NY Slip Op 05752, at the official text
That rule is equally applicable to residential and commercial properties
2026 NY Slip Op 05752, at the official text
Nor is it relevant that defendant, and not a third-party buyer, purchased the property
2026 NY Slip Op 05752, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 6, 2026 |
| Citation | 2026 NY Slip Op 05752 |
| Area of law | Real Property |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05752 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 974 |
Recommended citation
ESQ HQ, New York Law Watch, Wiggins v State of N.Y. Mtge. Agency, 2026 NY Slip Op 05752 (Appellate Division, First Department, October 6, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05752/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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