Has the court ever acted in equity out of a feeling of "fairness" and prevented a landowner from losing their land?

Question

Has the court ever acted in equity out of a feeling of "fairness" and prevented a landowner from losing their land?

Anonymous Oct 5, 2015 3 views 2 answers

I have a client that faces the loss of his business and life's work. I am looking for case law in NY's Second Department in forming my equity argument. Has a court ever acted out of a sense of perceived unfairness and prevented a landowner from losing their land or at least given the landowner a chance to redeem or correct any error or deficiency before they lose their land?

Richard J. ChertockReal Estate AttorneyMelville, NY · Accepted Answer · 2026-06-15T16:15:30+00:00

If you are talking about a foreclosure action then you are talking about an equitable action in which a judge does have discretion. Whether a court in the 2nd district has ever made such a decision I can not answer, however, if you research the issue using Westlaw, Nexis or some other such service I am sure you will find your answer.

Has the court ever acted in equity out of a feeling of "fairness" and prevented a landowner from losing their land?

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