GREENWOOD PACKING PROFIT SHARING PLAN TRUST v. FOURNIER


181 A.D.2d 861 (1992)

Greenwood Packing Profit Sharing Plan Trust et al., Respondents, v. Theodore A. Fournier et al., Defendants, and Pat D. Coviello, Nonparty-Appellant

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

March 30, 1992


Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, the sale to the respondents is set aside, and the sale to the appellant is reinstated, without prejudice to the respondents to seek relief therefrom.

At the foreclosure sale, the Referee awarded the property to the appellant as the highest bidder. However, the plaintiffs' representative protested, claiming that he mistakenly stopped bidding because he believed he...

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