GUARDIAN LOAN CO. v. EARLY


47 N.Y.2d 515 (1979)

Guardian Loan Company, Inc., Plaintiff, v. Bernard G. Early et al., Respondents, and Milton Berlin, Appellant.

Court of Appeals of the State of New York.

Decided July 9, 1979.


Attorney(s) appearing for the Case

Joseph D. Stim, P. C., for appellant.

Rudolph H. Cartier, Jr., for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur; Judge FUCHSBERG taking no part.


Chief Judge COOKE.

We determine here whether the provisions of CPLR 5240 may be utilized to set aside a lawfully consummated Sheriff's sale once the real property has been struck off and a deed delivered to a stranger to the underlying judgment. We hold that while the statute vests the court with broad discretion to prevent abuse in the use of the enforcement procedures of CPLR article 52, it furnishes no grounds...

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