Legal Opinion

Ridgewood Savings Bank v. Kluender

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

Decided September 14, 1998PublishedCited by 1 opinion

1Opinion of the Court

In an action to foreclose a mortgage on real property, William L. Kluender appeals from an order of the Supreme Court, Queens County (Milano, J.), dated July 10, 1997, which denied his motion to set aside the foreclosure sale of the subject property.

Ordered that the order is affirmed, with costs.

While this Court may exercise its equitable powers to set aside a judicial sale where fraud, collusion, mistake, or misconduct casts suspicion on the fairness of the sale (see, Crossland Mtge. Corp. v Frankel, 192 AD2d 571; Long Is. Sav. Bank v Valiquette, 183 AD2d 877), equitable intervention is not…

2Cases cited3 opinions

  1. Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
  2. Crossland Mortgage Corp. v. FrankelAppellate Division of the Supreme Court of the State of New York · 1993
  3. Long Island Savings Bank of Centereach, F.S.B. v. Jean Valiquette, M.D., P. C.Appellate Division of the Supreme Court of the State of New York · 1992

3Cited by1 opinion

  1. Fleet Finance, Inc. v. GillersonAppellate Division of the Supreme Court of the State of New York · 2000

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