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FED. NAT'L MORTGAGE ASS'N v. NEW YORK FIN. & MORTGAGE CO., INC.

222 A.D.2d 647 (1995)

636 N.Y.S.2d 105

Federal National Mortgage Association, Respondent, v. New York Financial & Mortgage Co., Inc., Appellant, Juanita Hollis et al., Respondents, Chemical Bank et al., Defendants, and Nurriddin Muhammad, Intervenor-Respondent

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

December 29, 1995

Ordered that the order is affirmed, with costs.

In the exercise of its equitable powers, a court has the discretion to set aside a judicial sale where fraud, collusion, mistake, or misconduct casts suspicion on the fairness of the sale (see, Long Is. Sav. Bank v Valiquette, 183 A.D.2d 877; see also, Guardian Loan Co. v Early, 47 N.Y.2d 515, 520-521).

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