Bachner, In re
| Decision Date | 15 May 1975 |
| Citation | 368 N.Y.S.2d 749,82 Misc.2d 107 |
| Parties | In the Matter of Frederick BACHNER, Conservatee. |
| Court | New York Supreme Court |
The within motion to vacate the stay heretofore granted herein is disposed of as follows.
Heretofore and by order dated September 17, 1974, this Court stayed Grid Realty Corp., the successful bidder at a Sheriff's sale, from transferring or encumbering the premises so conveyed to it and further enjoined the attorney for the judgment creditor from disposing of the net proceeds realized therefrom. On consent, the restrictive terms of that order were continued by the judgment entered declaring Frederick Bachner to be a conservatee. Prior to the Sheriff's sale title to the realty in issue was vested in Frederick Bachner. The purpose of the stay was to afford his conservator time to inquire into the circumstances surrounding the sale and if appropriate to institute such proceedings as might be necessary to preserve the rights and interests of his ward. No such proceeding has been brought although the conservator, by opposing affidavit, seeks affirmative relief. Historically, it appears that Gertrude Bachner obtained a judgment against her husband, Frederick Bachner, in the amount of $7,205.62. This judgment was predicated upon arrears for support arising out of the parties' matrimonial litigation. Thereafter, an application to vacate this judgment was denied (Lazer, J., 2/13/74) and on August 6, 1974 a Sheriff's sale was held at which Grid Realty Corp. was the high bidder. The conservator acknowledges that Mr. Bachner was represented by counsel upon the application to set aside the judgment as well as in subsequent negotiations up to the date of sale. It is further acknowledged that investigation reveals no basis to question the properiety surrounding the entry of judgment or the regularity of the subsequent levy and sale. Rather, that which is now questioned is the discrepancy between the market value of the premises sold and the amount realized by the sale. Grid Realty Corp., as successful bidder, paid a total of $7,100.00 for the premises which were encumbered by a mortgage lien of approximately $10,800.00. An appraisal obtained by the conservator finds the reasonable value of the premises to be $42,500.00. It is...
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