Legal Opinion
Chiao v. Poon
Appellate Division of the Supreme Court of the State of New York
Decided May 20, 2015No. 2014-05874PublishedCited by 3 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the defendant Samuel H.C. Poon appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Módica, J.), dated April 10, 2014, as denied that branch of his motion which was to vacate a foreclosure sale.
Ordered that the order is affirmed insofar as appealed from, with costs.
“In the exercise of its equitable powers, a court has the discretion to set aside a foreclosure sale where there is evidence of fraud, collusion, mistake, or misconduct” (Astoria Fed. Sav. & Loan Assoc. v Hartridge, 58 AD3d 584, 585 [2009]; see…
2Cases cited5 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Dime Savings Bank of New York, FSB v. ZapalaAppellate Division of the Supreme Court of the State of New York · 1998
- Astoria Federal Savings & Loan Associate v. HartridgeAppellate Division of the Supreme Court of the State of New York · 2009
- Guardian Federal Savings & Loan Ass'n v. Horse-Hawk Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1979
3Cited by3 opinions
- U.S. Bank National Ass'n v. TestaAppellate Division of the Supreme Court of the State of New York · 2016
- JP Morgan Chase, N.A. v. RajendranAppellate Division of the Supreme Court of the State of New York · 2016
- Chase Manhattan Bank v. NathAppellate Division of the Supreme Court of the State of New York · 2018