United States Trust Co. v. Simon

228 A.D.2d 580, 644 N.Y.2d 633, 644 N.Y.S.2d 633, 1996 N.Y. App. Div. LEXIS 7180

Opinion

The 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.