Majority
The appellants failed to demonstrate the existence of a potentially meritorious defense to this action. Accordingly, the Supreme Court properly denied that branch of the defendants’
The Supreme Court also properly denied that branch of the defendants’ motion which was to set aside the foreclosure sale. A court may exercise its equitable powers to set aside a foreclosure sale only where fraud, collusion, mistake, or misconduct casts suspicion on the fairness of the sale {see Debcon Fin. Servs., Inc. v 83-17 Broadway Corp., 61 AD3d 712 , 713 [2009]). Here, the appellants failed to establish the presence of any of these elements. Moreover, the Supreme Court properly determined that the price at which the appellants’ properties were sold was not so low as to shock the conscience of the court {see Guardian Loan Co. v Early, 47 NY2d 515 , 521 [1979]).
The defendants’ remaining contentions are either without merit or not properly before this Court. Angiolillo, J.P., Dickerson, Hall and Austin, JJ., concur.
Cases cited
- 393 Lefferts Partners, LLC v. New York Avenue at Lefferts, LLC 68 AD3d 976 at 976-977 p. 618
- Guardian Loan Co. v. Early 47 NY2d 515 at 521 p. 618