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This entry was published on 2014-09-22
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SECTION 5237
Failure of title to property sold
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 52
§ 5237. Failure of title to property sold. The purchaser of property
sold by a sheriff pursuant to execution or order may recover the
purchase money from the judgment creditors who received the proceeds if
the property is recovered from such purchaser in consequence of an
irregularity in the sale or a vacatur, reversal or setting aside of the
judgment upon which the execution or order was based. If a judgment for
the purchase money is so recovered against a judgment creditor in
consequence of an irregularity in the sale, such judgment creditor may
enforce his judgment as if no levy or sale had been made, and, for that
purpose, he may move without notice for an order restoring any lien or
priority or amending any docket entry affected by the sale.