Hardware v. Green
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
O’Connor, J.
The previously undecided issue presented by this appeal is whether the stipulated vacatur of a default judgment may serve to nullify a duly consummated Sheriffs execution sale conducted to satisfy the judgment. After giving due consideration to the interests of the judgment creditor, judgment debtor, and purchaser at the Sheriffs sale, we conclude that considerations of certainty of title at judicial sales and principles of fair play serve as a bar to the use of a stipulated vacatur for such a purpose.
I
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2Cases cited8 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Schwinger v. . HickokNew York Court of Appeals · 1873
- Wagner v. Huntington HospitalAppellate Division of the Supreme Court of the State of New York · 1978
- Wesson v. ChapmanNew York Supreme Court · 1894
- Cook v. H. R. H. Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1969
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3Cited by13 opinions
- CFCU Community Credit Union v. HaywardCourt of Appeals for the Second Circuit · 2009
- Dwyer v. MazzolaAppellate Division of the Supreme Court of the State of New York · 1991
- Foley Machinery Co. v. Amaco Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Berlin v. SordilloAppellate Division of the Supreme Court of the State of New York · 1992
- Jones v. PalermoNew York Supreme Court · 1980
8 more not listed; retrieve them via the Exa API.