Zelnick v. Bartlik

This is a motion to compel the purchaser upon a sale in foreclosure to complete his purchase. The purchase is resisting on the basis that defects in the service of process in this action rendered title unmarketable.

Courts will not compel the purchaser upon a judicial sale to accept a title that is not marketable and, in passing upon the marketability of title, the court will bear in mind that, unless the claimant is before the court, any adjudication resolving a doubtful question of law or fact is not binding upon such absent claimant (Fleming v. Burnham, 100 N. Y. 1).

Service upon the United…