Holland v. Fulbert, Inc.

Larkin, J. (dissenting).

We respectfully dissent.

The majority relies upon the statement by the Court of Appeals in Dorff v Bornstein (277 NY 236, 240-241) "a bona ñde purchaser (other than the owner) on an unconditional sale of real property pursuant to a regular foreclosure acquires a clear and absolute title as against all parties to the suit”. In Dorff (supra) the trial court found that the mortgagor, in collusion with his son and daughter, willfully defaulted in order to precipitate a foreclosure of the first mortgage and cut off the lien of the junior mortgage. A short time after the…