Hardware v. Green

OPINION OF THE COURT

David T. Gibbons, J.

By order of Mr. Justice Bernard Tomson, dated January 11, 1978, this motion by the defendant for an order, pursuant to CPLR 5240, vacating and setting aside the Sheriff’s sale of defendant’s dwelling premises was referred to the undersigned for hearing and determination as to whether the judgment debtor has been guilty of laches, and the procedure for restitution, adjustment and offset, if any, in the event it is determined that the debtor is entitled to a reconveyance of the realty.

After hearing the testimony and receiving the proofs of the plaintiff,…