| Astoria Fed. Sav. & Loan Assoc. v Hartridge |
| 2009 NY Slip Op 00181 [58 AD3d 584] |
| January 13, 2009 |
| Appellate Division, Second Department |
| Astoria Federal Savings & Loan Assoc., Plaintiff, v JamesJ. Hartridge, Respondent. ARO Capital, LLC, Nonparty Appellant; Best Nest Realty et al.,Nonparty Respondents. |
—[*1] Michael C. Manniello, P.C., Syosset, N.Y., for defendant-respondent.
In an action to foreclose a mortgage, the nonparty ARO Capital, LLC, appeals from an orderof the Supreme Court, Nassau County (Palmieri, J.), dated September 25, 2007, which grantedthe defendant's motion to vacate the foreclosure sale.
Ordered that the order is affirmed, with costs.
In the exercise of its equitable powers, a court has the discretion to set aside a foreclosuresale where there is evidence of fraud, collusion, mistake, or misconduct (see Guardian LoanCo. v Early, 47 NY2d 515, 521 [1979]; Dime Sav. Bank of N.Y. v Zapala, 255AD2d 547, 548 [1998]; Provident Sav. Bank v Bordes, 244 AD2d 470 [1997]). "Absentsuch conduct, the mere inadequacy of price is an insufficient reason to set aside a sale unless theprice is so inadequate as to shock the court's conscience" (Dime Sav. Bank of N.Y. v Zapala,255 AD2d at 548; see Bankers Fed. Sav. & Loan Assn. v House, 182 AD2d 602[1992]). Here, the Supreme Court providently exercised its discretion in setting aside theforeclosure sale on the ground that the sale price was unconscionably low (see Pisano vTupper, 188 AD2d 991, 993 [1992]).
The appellant's remaining contention is without merit. Miller, J.P., Angiolillo, Belen andChambers, JJ., concur.