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Guardian Loan Co. v. Early

New York Court of Appeals

392 N.E.2d 1240 (1979)

Relevant factsFree

After the Earlys failed to satisfy a roughly $1,269 judgment held by Guardian Loan Co., their residence was sold at a legally compliant execution sale to Berlin for $3,020 - a price the Earlys argued was well below their equity in the property, though the exact equity amount was disputed. The sale proceeds were distributed and the deed delivered to Berlin within days; the Earlys then petitioned to set the sale aside, and the trial court, applying N.Y. C.P.L.R. 5240, granted that relief, with the Appellate Division affirming. Berlin appealed.

IssueFree

Whether a completed execution sale conducted in full compliance with legal procedures may be set aside solely because the sale price was inadequate.

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