WANDSCHNEIDER v. BEKENY


75 Misc.2d 32 (1973)

Hajo Wandschneider, as Executor of Margaretha Marth, Deceased, et al., Plaintiffs, v. Peter Bekeny et al., Defendants.

Supreme Court, Westchester County.

June 14, 1973


Attorney(s) appearing for the Case

Boal, Doti & Larsen for defendants. Windels, Merrit & Ingraham for plaintiffs. John J. S. Mead, County Attorney, for County of Westchester.


JOSEPH F. GAGLIARDI, J.

In a special proceeding to set aside a Sheriff's sale, defendants move for reargument. The motion for reargument presents an important and novel question in this State: Whether a judgment debtor, whose real property is executed upon and sold at a Sheriff's sale, can obtain a credit against the judgment being enforced in an amount determined to be the fair market value of the property....

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