Ordered that the order is affirmed, with costs.
In the exercise of its equitable powers, a court has the discretion to set aside a judicial sale where fraud, collusion, mistake, or misconduct casts suspicion on the fairness of the sale ( see, Long Is. Sav. Bank v Valiquette, 183 A.D.2d 877; see also, Guardian Loan Co. v Early, 47 N.Y.2d 515, 520-521).
Here, the unilateral mistake of the appellant's counsel as to the location of the foreclosure sale, while unfortunate, does not provide a sufficient basis for invalidating the sale ( see, Crossland Mtge. Corp. v Frankel, 192 A.D.2d 571; Long Is. Sav. Bank v Valiquette, supra). The appellant's counsel was served with the Referee's notice of sale, which contained the street address of the courthouse where the sale was to be held, and there is no dispute that the sale was conducted in accordance with lawful procedure.
In addition, the Supreme Court properly determined that the purchaser of the property at the foreclosure sale was an indispensable party to the appellant's application to set aside the sale ( see, Vanderbilt Realty Corp. v Gordon, 134 A.D.2d 586). Balletta, J.P., O'Brien, Santucci and Florio, JJ., concur.