248 Glenn Cove CP, LLC v. Delva Solutions, LLC

Summary

The Court affirmed the Superior Court’s refusal to set aside a sheriff’s sale after Glen Cove discovered that zoning restrictions prevented its intended apartment use. The Court held that Glen Cove’s equitable-estoppel and contractual-mutual-mistake arguments were waived or unavailable on the record, and that the alleged mistake resulted from inadequate due diligence rather than an irregularity in the sale process. The Court also upheld the Superior Court’s finding that Glen Cove’s reliance was at least partly directed to the Sheriff and was unreasonable.