CHEM. BANK v. KUPPERSTOCK


248 A.D.2d 145 (1998)

670 N.Y.S.2d 66

Chemical Bank, Appellant, v. Eric Kupperstock et al., Defendants, and Terry Matias, Respondent

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

March 5, 1998


Plaintiff seeks to set aside the sale on the ground that it mistakenly instructed its bidder to stop bidding at $110,000 instead of $210,000, the latter figure being the fair market value of the property submitted by plaintiff's appraiser, which was some $15,000 less than the total debt due at the time of the sale. The IAS Court, relying on Second Department authority that unilateral mistake is not a sufficient basis for setting aside a sale, at least where the winning bid...

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