Legal Opinion
PII Sam, LLC v. Koutsagelos
Appellate Division of the Supreme Court of the State of New York
Decided July 23, 2014No. 2012-09903PublishedCited by 6 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Mary Koutsagelos appeals from an order of the Supreme Court, Queens County (Rosengarten, J.), entered August 10, 2012, which denied her motion to set aside the foreclosure sale of the subject property.
Ordered that the order is affirmed, with costs.
A court may exercise its inherent equitable power to ensure that a foreclosure sale conducted pursuant to a judgment of foreclosure “is not made the instrument of injustice” (Guardian Loan Co. v Early, 47 NY2d 515, 520 [1979]; see Golden Age Mtge. Corp. v Argonne Enters., LLC, 68 AD3d 925, 926…
2Cases cited4 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Fleet Finance, Inc. v. GillersonAppellate Division of the Supreme Court of the State of New York · 2000
- Alkaifi v. Celestial Church of Christ Calvary ParishAppellate Division of the Supreme Court of the State of New York · 2005
- Golden Age Mortgage Corp. v. Argonne Enterprises, LLCAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by6 opinions
- Liberty Dabar Assoc. v. MohammedAppellate Division of the Supreme Court of the State of New York · 2020
- NYCTL 1998-2 Trust v. McGillAppellate Division of the Supreme Court of the State of New York · 2016
- Deutsche Bank Natl. Trust Co. v. SharrowAppellate Division of the Supreme Court of the State of New York · 2024
- NYCTL 1998-2 Trust v. McGillAppellate Division of the Supreme Court of the State of New York · 2016
- Northern Blvd Corona, LLC v. Northern Blvd Prop., LLCAppellate Division of the Supreme Court of the State of New York · 2018
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