GIORGETTI v. KATSKY


276 A.D. 1102 (1950)

John Giorgetti et al., Respondents, v. Arthur Katsky et al., Appellants, and H. Alfred Vollmer, as Sheriff of The County of Nassau, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 24, 1950.


Inasmuch as the execution was issued and the sale conducted several months prior to the docketing of the judgment, it was correctly held that the sale was void and that the deed conveyed no title to the purchasers. (Civ. Prac. Act, §§ 648, 643.) Reversal is ordered so that evidence may be taken of expenditures made by appellants to preserve the property. It does not appear in the pleadings that such expenses were gratuitous; and if not, appellants are equitably...

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