Opinion
February 13, 1996
Appeal from the Supreme Court, Kings County (Hurowitz, J.).
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The belated and unsubstantiated claim of the respondent that the plaintiff was not the highest bidder at the foreclosure sale of the subject property was insufficient to refute the plaintiff's contrary evidence, including the sworn report of the Referee and an affidavit of the plaintiff's representative who attended the sale. Accordingly, the respondent failed to establish the existence of fraud, collusion, mistake, or misconduct which would warrant the vacatur of the sale or the transfer of the premises to him for the same purchase price paid by the plaintiff (see, Guardian Loan Co. v. Early, 47 N.Y.2d 515; Citibank [N.Y.S.] v. Badcock, 206 A.D.2d 784; Manufacturers Traders Trust Co. v. Niagara Sq. Assocs., 199 A.D.2d 975; Crossland Mtge. Corp. v. Frankel, 192 A.D.2d 571; Long Is. Sav. Bank v. Jean Valiquette, M.D., P.C., 183 A.D.2d 877; Bankers Fed. Sav. Loan Assn. v. House, 182 A.D.2d 602; Harbert Offset Corp. v Bowery Sav. Bank, 174 A.D.2d 650; Glenville 110 Corp. v Tortora, 137 A.D.2d 654).
The respondent's remaining contention is not properly before the Court on this appeal (see, 22 NYCRR 670.6 [a]). Rosenblatt, J.P., Miller, Ritter and Friedmann, JJ., concur.