Legal Opinion
Astoria Federal Savings & Loan Associate v. Hartridge
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 2009PublishedCited by 14 opinions
1Opinion of the Court
In an action to foreclose a mortgage, the nonparty ARO Capital, LLC, appeals from an order of the Supreme Court, Nas*585sau County (Palmieri, J.), dated September 25, 2007, which granted the defendant’s motion to vacate the foreclosure sale.
Ordered that the order is affirmed, with costs.
In the exercise of its equitable powers, a court has the discretion to set aside a foreclosure sale where there is evidence of fraud, collusion, mistake, or misconduct (see Guardian Loan Co. v Early, 47 NY2d 515, 521 [1979]; Dime Sav. Bank of N.Y. v Zapala, 255 AD2d 547, 548 [1998]; Provident Sav. Bank v Bordes,…
2Cases cited5 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Dime Savings Bank of New York, FSB v. ZapalaAppellate Division of the Supreme Court of the State of New York · 1998
- Bankers Federal Savings & Loan Ass'n v. HouseAppellate Division of the Supreme Court of the State of New York · 1992
- Provident Savings Bank, F.A. v. BordesAppellate Division of the Supreme Court of the State of New York · 1997
- Pisano v. TupperAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by14 opinions
- U.S. Bank National Ass'n v. TestaAppellate Division of the Supreme Court of the State of New York · 2016
- Clinton Hill Holding 1, LLC v. Kathy & Tania, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Nationstar Mtge., LLC v. CruteAppellate Division of the Supreme Court of the State of New York · 2020
- Chiao v. PoonAppellate Division of the Supreme Court of the State of New York · 2015
- NYCTL 1998-1 Trust v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2017
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