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FISHMAN v. HENRY

82 A.D.2d 779 (1981)

Joseph L. Fishman, as Executor of Ceferino Hernandez, Deceased, et al., Respondents, v. Daniel J. Henry et al., Defendants, and Trade Lanes Shipping Corp., Appellant

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

June 25, 1981

The order declaring a default on the part of purchaser appellant on the foreclosure sale was eminently correct in the circumstances here found. However, that portion which, in effect, assessed a penalty against the defaulting purchaser by directing turnover of the deposit made at the time of bidding to plaintiffs-respondents requires modification. Warrant for such a direction must be found if at all in the terms of sale, which make...

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