McConihe Realty Co. v. Henry Scharnberger, Inc.

Order denying plaintiff’s motion to permit it to have a credit of the amount due it against any bid it might make on the foreclosure sale, and to permit the property to be sold subject to taxes and assessments, reversed on the law and the facts, Without costs, and the motion granted. The only equities which may properly be considered as of the date this application was made were those that concerned the parties to the action. (Morgan v. Fullerton, 9 App. Div. 233.) The provisions of section 1087 of the Civil Practice Act, as it then stood, were intended solely for the benefit of the purchaser…