Legal Opinion

Battista v. Liuzzi

Appellate Division of the Supreme Court of the State of New York

Decided March 27, 1962PublishedCited by 3 opinions

1Opinion of the Court

*911“ [T]he judicial sale of real property must conform to the judgment to sell and the terms of sale may not deviate therefrom”. (Zouppas v. Yannikidou, 16 A D 2d 52, 55; Becker v. Muehlig, 221 App. Div. 512, affd. 248 N. Y. 543; cf. Dicianni v. Wrong, 224 App. Div. 621.) On the argument of this appeal able counsel for the appellants frankly, and commendably, stated that they were seeking only the reimbursement of taxes paid in disobedience to the terms of the judgment, and the repayment of a duplicated interest payment. Undoubtedly a like fair and co-operative attitude by others intimately…

2Cases cited3 opinions

  1. Becker v. MuehligAppellate Division of the Supreme Court of the State of New York · 1927
  2. Becker v. MuehligNew York Court of Appeals · 1928
  3. Dicianni v. WrongAppellate Division of the Supreme Court of the State of New York · 1928

3Cited by3 opinions

  1. Bank of New York v. LoveAppellate Division of the Supreme Court of the State of New York · 2004
  2. Bank of New York v. LoveAppellate Division of the Supreme Court of the State of New York · 2003
  3. United States v. East Ridge AssociatesDistrict Court, D. Maine · 2003

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