Murray Fabricant v. Hyed Realty Corp.

This is a motion to compel a purchaser in a foreclosure sale to complete its bid. The purchaser refuses on the ground that the title offered by the Referee is not marketable.

This is the second foreclosure action between the identical parties. The first culminated in a sale of the premises to a purchaser styled as ‘1 2-4 Amsterdam Avenue Corp. ’ ’ The judgment of foreclosure and sale, however, was vacated by order of this court due to a defect of parties. Subsequently, the instant foreclosure action was commenced and judgment entered. However, prior to the sale the 2-4 Amsterdam Corp.…