Legal Opinion

United States Trust Co. v. Simon

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1996PublishedCited by 3 opinions

1Opinion of the Court

*581The Supreme Court properly exercised its discretion in setting aside the foreclosure sale based on the Referee’s misunderstanding as to his authority to accept uncertified funds as a down payment (see, Guardian Loan Co. v Early, 45 NY2d 515; Glenville & 110 Corp. v Tortora, 137 AD2d 654; Ulster Sav. Bank v Bash, 114 AD2d 500).

The appellant’s remaining contentions are unpreserved for appellate review and, in any event, are without merit. Mangano, P. J., Thompson, Plorio and McGinity, JJ., concur.

2Cases cited3 opinions

  1. People v. BevilacquaNew York Court of Appeals · 1978
  2. Glenville & 110 Corp. v. TortoraAppellate Division of the Supreme Court of the State of New York · 1988
  3. Ulster Savings Bank v. BashAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by3 opinions

  1. JP Morgan Chase, N.A. v. RajendranAppellate Division of the Supreme Court of the State of New York · 2016
  2. Chase Home Finance LLC v. DiazNew York Supreme Court · 2007
  3. Chase v. RajendranNew York Supreme Court · 2015