Guardian Loan Co. v. Early
Court of Appeals of New York
392 N.E.2d 1240 (1979)
- Written by Denise McGimsey, JD
Facts
Guardian Loan Co. (Guardian) obtained a money judgment in the state of New York against the Earlys for $1,268.93. When the Earlys failed to satisfy the judgment, Guardian commenced proceedings for an execution sale of their residence. The proceedings fully complied with required legal procedures. On August 1, 1977, the property was sold to Berlin for $3,020. Two days later, sale proceeds were distributed to judgment creditors and the deed was delivered to Berlin. The Earlys petitioned a New York court to set aside the sale. While the amount of their equity in the property was disputed, the sales price to Berlin was clearly less than the extent of such equity. Applying N.Y. C.P.L.R. 5240, the trial court set aside the sale; the Appellate Division affirmed. Berlin appealed.
Rule of Law
Issue
Holding and Reasoning (Cooke, C.J.)
What to do next…
Here's why 805,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
