New York Statutes

§ 5237 — Failure of title to property sold

New York·Law CVP Civil Practice Law & Rules·Art. 52 Enforcement of Money Judgments
§ 5237. Failure of title to property sold. The purchaser of property\nsold by a sheriff pursuant to execution or order may recover the\npurchase money from the judgment creditors who received the proceeds if\nthe property is recovered from such purchaser in consequence of an\nirregularity in the sale or a vacatur, reversal or setting aside of the\njudgment upon which the execution or order was based. If a judgment for\nthe purchase money is so recovered against a judgment creditor in\nconsequence of an irregularity in the sale, such judgment creditor may\nenforce his judgment as if no levy or sale had been made, and, for that\npurpose, he may move without notice for an order restoring any lien or\npriority or amending any docket entry affected by the sale.\n

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Related

First Federal Savings & Loan Ass'n v. McKee
61 Misc. 2d 693 (New York Supreme Court, 1969)
6 case citations
Guardian Loan Co. v. Early
64 A.D.2d 689 (Appellate Division of the Supreme Court of New York, 1978)
2 case citations
Crossland Mortgage Corp. v. Frankel
156 Misc. 2d 124 (New York Supreme Court, 1992)

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