Guardian Loan Co. v. Early

Appeal by Milton Berlin from an order of the Supreme Court, Suffolk County, dated December 6, 1977, which granted the defendants’ motion to set aside a Sheriffs sale of certain property on condition that defendants repay the purchase price within 30 days after entry of the order, or 60 days after any stay of the order was vacated. Order affirmed, with $50 costs and disbursements. CPLR 5240 permits the Supreme Court to supervise the enforcement of judgments in order to avoid unnecessarily harsh results. Where the price paid amounted to less than 10% of the defendants’ equity in the premises,…