ROOSEVELT HARDWARE v. GREEN


72 A.D.2d 261 (1980)

Roosevelt Hardware, Respondent, v. Ethel Green, Respondent. Benjamin Travitsky, Appellant

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

February 4, 1980


Attorney(s) appearing for the Case

Benjamin Travitsky, appellant pro se.

Leonard S. Clark (Joseph Burden of counsel), for respondent.

HOPKINS, J. P., DAMIANI and RABIN, JJ., concur.


O'CONNOR, J.

The previously undecided issue presented by this appeal is whether the stipulated vacatur of a default judgment may serve to nullify a duly consummated Sheriff's execution sale conducted to satisfy the judgment. After giving due consideration to the interests of the judgment creditor, judgment debtor, and purchaser at the Sheriff's sale, we conclude that considerations of certainty of title at judicial...

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