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Trustco Bank New York v. Collins

Appellate Division of the Supreme Court of New York, Third Department
Mar 9, 1995
213 A.D.2d 819 (N.Y. App. Div. 1995)

Opinion

March 9, 1995

Appeal from the Supreme Court, Schenectady County (White, J.).


A court has broad discretion to set aside a foreclosure sale and order a resale (see, National Bank v. Van Keuren, 184 A.D.2d 92, 95), but mere inadequacy of price does not establish sufficient grounds to vacate a sale (see, Guardian Loan Co. v Early, 47 N.Y.2d 515, 521). In the absence of fraud, collusion or other irregularity, the foreclosure sale will not be set aside unless the inadequacy of the sale price is so great that it shocks the conscience of the court (see, Manufacturers Traders Trust Co. v. Niagara Sq. Assocs., 199 A.D.2d 975, 976, lv denied 83 N.Y.2d 845). We are of the view that the claimed inadequacy in this case does not rise to that level (see, Cross-land Mtge. Corp. v. Frankel, 192 A.D.2d 571, lv denied 82 N.Y.2d 655; Buttermark Plumbing Heating Corp. v. Sagarese, 119 A.D.2d 540, lv denied 68 N.Y.2d 607). Defendant's claim that the location where the sale was conducted varied from the terms of the judgment of foreclosure was not raised at Supreme Court and will not be considered for the first time on appeal (see, First Natl. Bank v. G.F. Clear, Inc., 93 A.D.2d 925). We also note the lack of any evidence of prejudice as a result of the claimed discrepancy (see, Marine Midland Bank v. Landsdowne Mgt. Assocs., 193 A.D.2d 1091, lv denied 82 N.Y.2d 656). Supreme Court's order must therefore be affirmed.

Mercure, J.P., Crew III, Yesawich Jr. and Spain, JJ., concur. Ordered that the order is affirmed, with costs.


Summaries of

Trustco Bank New York v. Collins

Appellate Division of the Supreme Court of New York, Third Department
Mar 9, 1995
213 A.D.2d 819 (N.Y. App. Div. 1995)
Case details for

Trustco Bank New York v. Collins

Case Details

Full title:TRUSTCO BANK NEW YORK, Respondent, v. SARAH COLLINS, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 9, 1995

Citations

213 A.D.2d 819 (N.Y. App. Div. 1995)
623 N.Y.S.2d 642

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