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MANUFACTURERS & TRADERS TRUST CO. v. FOY

2009-03777.

79 A.D.3d 825 (2010)

914 N.Y.S.2d 185

MANUFACTURERS & TRADERS TRUST CO., Respondent, v. LAWRENCE B. FOY et al., Respondent, et al., Defendants. MOHAMAD KEZADRI et al., Nonparty Appellants.

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

Decided December 14, 2010.

Ordered that the order is affirmed, with costs.

A court has the inherent equitable power to ensure that a sale conducted pursuant to a judgment of foreclosure "is not made the instrument of injustice" (Guardian Loan Co. v Early, 47 N.Y.2d 515, 520 [1979]; see Golden Age Mtge. Corp. v Argonne Enters., LLC, 68 A.D.3d 925 [2009]; Alkaifi v Celestial Church of Christ Calvary...

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