Legal Opinion
Provident Savings Bank, F.A. v. Bordes
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1997PublishedCited by 13 opinions
1Opinion of the Court
—In an action to foreclose a mortgage, the defendants appeal from an order of the Supreme Court, Rockland County (Sherwood, J.), dated January 13, 1997, which denied their motion to vacate and set aside the foreclosure sale.
Ordered that the order is affirmed, with costs.
It is well settled that a court, in the exercise of its equitable powers, has the discretion to set aside a judicial sale where fraud, collusion, mistake, or misconduct casts suspicion on the fairness of the sale (see, Guardian Loan Co. v Early, 47 NY2d 515, 521; Bankers Fed. Sav. & Loan Assn. v House, 182 AD2d 602; Harbert…
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
- Glenville & 110 Corp. v. TortoraAppellate Division of the Supreme Court of the State of New York · 1988
- Harbert Offset Corp. v. Bowery Savings BankAppellate Division of the Supreme Court of the State of New York · 1991
- Bankers Federal Savings & Loan Ass'n v. HouseAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by13 opinions
- Mortgage Electronic Registration Systems, Inc. v. SchotterAppellate Division of the Supreme Court of the State of New York · 2008
- 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
- NYCTL 1998-2 Trust v. McGillAppellate Division of the Supreme Court of the State of New York · 2016
- NYCTL-1 Trust v. Liberty Bay Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2005
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