Practice point: A referee cannot alter the terms of a judgment of foreclosure, and unauthorized variations between the terms of sale and the judgment are void.
Practitioners should note that, as a matter of equity, a court has the discretion to set aside a foreclosure sale if there is evidence of fraud, collusion, mistake, or misconduct.
Case: Cicorelli v. Hickey's Carting, Inc., NY Slip Op 07219 (2d Dept. 2009)
The opinion is here.
Tomorrow's issue: Motion practice.
