Legal Opinion
Golden Age Mortgage Corp. v. Argonne Enterprises, LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 2009PublishedCited by 6 opinions
1Opinion of the Court
Pursuant to CPLR 2003, “[a]t any time within one year after a sale made pursuant to a judgment or order, but not thereafter, the court, upon such terms as may be just, may set the sale aside for a failure to comply with the requirements of the civil *926practice law and rules as to the notice, time or manner of such sale, if a substantial right of a party was prejudiced by the defect” (see Guardian Loan Co. v Early, 47 NY2d 515, 520 [1979]; Mortgage Elec. Registration Sys., Inc. v Schotter, 50 AD3d 983, 984 [2008]). Moreover, “[a] court has the inherent equitable power to ensure that a sale…
2Cases cited3 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Mortgage Electronic Registration Systems, Inc. v. SchotterAppellate Division of the Supreme Court of the State of New York · 2008
- Alkaifi v. Celestial Church of Christ Calvary ParishAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by6 opinions
- Bank of New York v. SeguiAppellate Division of the Supreme Court of the State of New York · 2012
- PII Sam, LLC v. KoutsagelosAppellate Division of the Supreme Court of the State of New York · 2014
- Manufacturers & Traders Trust Co. v. FoyAppellate Division of the Supreme Court of the State of New York · 2010
- Ziede v. Mei Ling ChowAppellate Division of the Supreme Court of the State of New York · 2012
- Chase v. RajendranNew York Supreme Court · 2015
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