Legal Opinion
Guardian Loan Co. v. Early
New York Court of Appeals
Decided July 9, 1979PublishedCited by 206 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
We determine here whether the provisions of CPLR 5240 may be utilized to set aside a lawfully consummated Sheriff’s sale once the real property has been struck off and a deed delivered to a stranger to the underlying judgment. We hold that while the statute vests the court with broad discretion to prevent abuse in the use of the enforcement procedures of CPLR article 52, it furnishes no grounds for relief once those procedures have been carried out in accordance with law.
Plaintiff, not a party to this appeal, obtained a judgment against respondents Early…
2Cases cited23 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Fisher v. . HerseyNew York Court of Appeals · 1879
- Matter of Superintendent of BanksNew York Court of Appeals · 1912
- Clapp v. . McCabeNew York Court of Appeals · 1898
18 more not listed; retrieve them via the Exa API.
3Cited by206 opinions
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Cruz v. TD Bank, N.A.New York Court of Appeals · 2013
- S.B. v. A.C.C.New York Court of Appeals · 2016
- In Re Bernard Persky and Stuart Persky, Debtors. Community National Bank and Trust Company of New York v. Stuart Persky and Ronnie PerskyCourt of Appeals for the Second Circuit · 1989
201 more not listed; retrieve them via the Exa API.