Cuddy & Feder Obtains Rare Order Vacating Execution Sale

When a court orders an official act and that act is completed, it is a high burden to get the court to rescind that act. But, after a client came to us asking that an execution sale ordered by the court be set aside, we had exactly that hill to climb. Specifically, our client was a judgment creditor against an estate and the lone significant asset of the state was a piece of property. Accordingly, the Supreme Court Putnam County ordered the Sherriff’s office to conduct an execution sale where the property was sold at auction to satisfy the judgment. But the auction was sparsely attended and the multi-acre property sold for only $100, leaving our client in a position where it would end up with essentially nothing. The Cuddy & Feder litigation team of Joshua Kimerling and Brendan Goodhouse stepped in at this point filing a motion to set aside the execution sale as void based on the unconscionably low price the property sold for. After multiple rounds of briefing and argument, the Court accepted our position and set aside the execution sale, which ultimately permitted our client to recover a meaningful amount on its judgment.

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