Hudson City Savings Bank v. Woodard

OPINION OF THE COURT

Lawrence H. Ecker, J.

In this residential foreclosure action, defendant seeks to set aside the referee’s sale, and prevent the conveyance of the mortgaged premises to the intervenor, who was the nonparty purchaser at the referee’s sale. There is no dispute among the parties that the sale was properly conducted by the referee on March 9, 2017, or that the upset price was not reasonably related to the fair value of the subject property. Rather, defendant argues that he was mistakenly led to believe that based upon a conversation he, and his attorney, each separately had with…