Greenwood Packing Profit Sharing Plan Trust v. Fournier

— In an action to foreclose a mortgage, Pat D. Coviello appeals from an order of the Supreme Court, Orange County (Green, J.), dated April 6, 1990, which, inter alia, denied his motion to set aside the foreclosure sale.

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, the sale to the respondents is set aside, and the sale to the appellant is reinstated, without prejudice to the respondents to seek relief therefrom.

At the foreclosure sale, the Referee awarded the property to the appellant as the highest bidder. However, the plaintiffs’…