Citation Numbers: 111 N.Y.S. 874
Judges: Leventritt
Filed Date: 2/9/1908
Status: Precedential
Modified Date: 10/17/2022
The defendant Henry Huber Company and the trustee in bankruptcy of the defendant ICurzrok, in an action brought to foreclose a mortgage, moved to set aside the report of the referee appointed to sell the mortgaged property on the ground that the referee illegally allowed the purchaser on the sale to deduct from the purchase price the amount due on a prior mortgage.
The summons and complaint in this action were duly served on these defendants. The defendant Kurzrok and his wife appeared and de
In view of the circumstances detailed, these applications cannot prevail. There is no suggestion of fraud or collusion, nor of inadequacy of price, and the rights of no party have been sacrificed or injured. The purchaser bought upon the terms advertised and announced at the sale. If the provision for payment was irregular, the irregularity was cured by the order confirming the referee’s report of sale. No exceptions have been filed to any of the proceedings, and no appeal taken from judgment or order. The sale has therefore become absolute as to the parties and their representatives.
The motions must be denied.