Appellate Division of the Supreme Court of New York, 1996

United States Trust Co. v. Simon

United States Trust Co. v. Simon
Appellate Division of the Supreme Court of New York · Decided June 17, 1996
228 A.D.2d 580; 644 N.Y.2d 633; 644 N.Y.S.2d 633; 1996 N.Y. App. Div. LEXIS 7180
United States Trust Co. v. Simon

Opinion of the Court

*581The Supreme Court properly exercised its discretion in setting aside the foreclosure sale based on the Referee’s misunderstanding as to his authority to accept uncertified funds as a down payment (see, Guardian Loan Co. v Early, 45 NY2d 515; Glenville & 110 Corp. v Tortora, 137 AD2d 654; Ulster Sav. Bank v Bash, 114 AD2d 500).

The appellant’s remaining contentions are unpreserved for appellate review and, in any event, are without merit. Mangano, P. J., Thompson, Plorio and McGinity, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.