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NOTEY v. DARIEN CONSTR. CORP.

41 N.Y.2d 1055 (1977)

Anton Notey, Appellant, v. Darien Construction Corp., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided May 3, 1977.

Attorney(s) appearing for the Case

Alan Manning Miller for appellant.

Arnold J. Hauptman for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Order affirmed, with costs. An action to foreclose a mortgage is, of course, in equity (Jamaica Sav. Bank v M. S. Investing Co., 274 N.Y. 215, 219). A court of equity has broad power to control the execution of its own judgments, and, at least when only the rights of the parties to the action are involved, an order granting a resale rests within the discretion of the courts below, especially when a number...

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