Majority
p. 842Spencer, White & Prentis, Inc., Appellant, v. The Bikur Cholim Kosher Hospital of the Hebrew Ladies of Brooklyn, Inc., Owner, Defendant. A. E. Norton, Inc., Appellant; Joseph J. Sulin, Fredel Construction Co., Inc., Respondents, and Others, Defendants. Press Improvement Corporation, Purchaser, Appellant.
Order granting resale, and order made upon reargument, affirmed, without costs. We are of opinion that the Special Term in the exercise of discretion properly ordered a resale upon the ground that the price for which the property was sold was grossly inadequate. We do not find it necessary, therefore, to determine the legal effect, if any, of the failure to serve notice of sale upon the defendants. Kelly, P. J., Young, Kapper, Lazansky and Hagarty, JJ., concur.