BANK OF NEW YORK v. SHEIK


279 A.D.2d 440 (2001)

719 N.Y.S.2d 259

BANK OF NEW YORK, Respondent, v. JAMSHID SHEIK, Appellant, et al., Defendants. LOUIS A. TALLARINI, Nonparty-Respondent.

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

Decided January 8, 2001.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant's motion to set aside the foreclosure sale. A court may exercise its equitable powers to set aside a judicial sale only where fraud, collusion, mistake, or overreaching casts suspicion on the fairness of the sale (see, Guardian Loan Co. v Early, 47 N.Y.2d 515; Crossland Mtge. Corp...

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