Legal Opinion
Manufacturers & Traders Trust Co. v. Foy
Appellate Division of the Supreme Court of the State of New York
Decided December 14, 2010PublishedCited by 4 opinions
1Opinion of the Court
In an action to foreclose a mortgage, nonparties Mohamad Kezadri and Keith Alfieri, the successful bidders at a judicial sale of the property foreclosed upon, appeal from an order of the Supreme Court, Kings County (Dabiri, J.), dated February 20, 2009, which denied their motion, in effect, to set aside the sale and direct the referee to return their deposit.
Ordered that the order is affirmed, with costs.
A court has the inherent equitable power to ensure that a sale conducted pursuant to a judgment of foreclosure “is not made the instrument of injustice” (Guardian Loan Co. v Early, 47 NY2d…
2Cases cited7 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Alkaifi v. Celestial Church of Christ Calvary ParishAppellate Division of the Supreme Court of the State of New York · 2005
- Wayman v. ZmyewskiAppellate Division of the Supreme Court of the State of New York · 1995
- Rice v. . BarrettNew York Court of Appeals · 1885
- Golden Age Mortgage Corp. v. Argonne Enterprises, LLCAppellate Division of the Supreme Court of the State of New York · 2009
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Clinton Hill Holding 1, LLC v. Kathy & Tania, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Bank of New York v. SeguiAppellate Division of the Supreme Court of the State of New York · 2012
- JP Morgan Chase, N.A. v. RajendranAppellate Division of the Supreme Court of the State of New York · 2016
- Emigrant Mtge. Co., Inc. v. HartmanAppellate Division of the Supreme Court of the State of New York · 2019