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MFRS. & TRADERS TRUST CO. v. NIAGARA SQUARE ASSOCS.

199 A.D.2d 975 (1993)

608 N.Y.S.2d 22

Manufacturers and Traders Trust Company, Respondent, v. Niagara Square Associates et al., Appellants. (Appeal No. 2.)

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

December 29, 1993

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly declined to exercise its equitable power to set aside the foreclosure sale. The "Terms of Sale" did not provide that time was of the essence, and they expressly authorized the Referee to extend or adjourn the closing date. Thus, the Referee did not act improperly by permitting adjournments of the closing date (see, Associates Fin...

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