Gersten-Hillman Agency, Inc. v. Lichtenstein & Friedman Realty Corp.

Mikoll, J. P.

Appeal from an order of the Supreme Court (Williams, J.), entered June 11, 1991 in Sullivan County, which denied defendant’s motion to vacate a Sheriff’s sale of real property.

The focus of this appeal is on the question of whether Supreme Court erred in failing to exercise its equitable powers to set aside a Sheriff’s sale to plaintiff of defendant’s property located in the Town of Fallsburg, Sullivan County. Defendant seeks relief pursuant to CPLR 2003 and 5240 alleging that the sale was improperly conducted by reason of deficiencies in the notice of sale, postponement of sale…