New York Court of Appeals

Guardian Loan Company, Inc. v. Bernard G. Early, and Milton Berlin

July 9, 197947 N.Y.2d 515

Summary

The Court held that CPLR 5240 provides no relief to set aside a lawfully consummated sheriff's sale after the deed has been delivered to a bona‑fide purchaser, and that neither CPLR 2003 nor general equitable principles warranted vacating the sale; consequently the Appellate Division's order was reversed and the motion to set aside the sale denied.