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FARRAUTO v. TWO SONS, INC.

302 A.D.2d 354 (2003)

753 N.Y.S.2d 895

JOHN P. FARRAUTO et al., Respondents, v. TWO SONS, INC., et al., Appellants, et al., Defendant. BARRY NESSON, Intervenor-Respondent.

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

Decided February 3, 2003.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court properly denied the appellants' cross motion to set aside the foreclosure sale. The appellants failed to establish the existence of fraud, collusion, mistake, or misconduct to warrant vacatur of the foreclosure sale (see Guardian Loan Co. v Early, 47 N.Y.2d 515). The Supreme Court also properly confirmed the referee...

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