McMORGAN & CO. v. HARBOUR POINT RACQUET & YACHT CLUB, INC.


234 A.D.2d 432 (1996)

651 N.Y.S.2d 127

McMorgan & Company, Respondents, v. Harbour Point Racquet and Yacht Club, Inc., et al., Appellants, et al., Defendants, and Richard Farrell, Respondent

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

December 16, 1996


Ordered that the order is affirmed insofar as appealed from, with costs.

On the facts presented, exercise of the court's equitable power to set aside a judicial sale on the grounds that "fraud, collusion, mistake, or exploitive overreaching casts suspicion on the fairness of the sale" (Crossland Mtge. Corp. v Frankel, 192 A.D.2d 571, 572; see also, Guardian Loan Co. v...

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