Bank of New York v. Sheik

In an action to foreclose a mortgage, the defendant Jamshid Sheik appeals from an order of the Supreme Court, Westchester County (Colabella, J.),' entered April 4, 2000, which denied his motion to set aside the foreclosure sale.

Ordered that the order is affirmed, with costs.

*441The Supreme Court properly denied the appellant’s motion to set aside the foreclosure sale. A court may exercise its equitable powers to set aside a judicial sale only where fraud, collusion, mistake, or overreaching casts suspicion on the fairness of the sale (see, Guardian Loan Co. v Early, 47 NY2d 515; Crossland Mtge.…